Louisiana 2014 Regular Session

Louisiana Senate Bill SCR118 Latest Draft

Bill / Introduced Version

                            SLS 14RS-2893	ORIGINAL
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Regular Session, 2014
SENATE CONCURRENT RESOLUTI ON NO. 118
BY SENATOR BROWN 
DOMESTIC VIOLENCE. Establishes and provides for the Louisiana Domestic Violence
Commission.
A CONCURRENT RESOLUTI ON1
To create and provide for the Louisiana Domestic Violence Commission.2
WHEREAS, domestic violence is a national topic of concern that affects 1.3 million3
Americans annually indiscriminate of race, age, gender, or economic status; and4
WHEREAS, domestic violence often manifests itself as physical injury to the victim5
by an intimate partner, yet psychological trauma may also be heaped on the victim through6
either domination behaviors, intimidation, emotional abuse, or stalking; and7
WHEREAS, another disturbing statistic is that children witness the domestic abuse8
firsthand or are often victims of abuse during the altercation; they become collateral damage9
in violent home environments; they often become adults who abuse or become subjugated10
victims themselves and the cycle of degradation continues unabated; and11
WHEREAS, domestic violence assails an individual's right to privacy, dignity,12
security, and humanity, inflicts physical, emotional, and financial injury on its victims, and13
exists in every segment of our population; and14
WHEREAS, according to information published by the Louisiana Coalition Against15
Domestic Violence, Louisiana leads the nation in domestic homicides and has done so since16
1997 with at least one domestic homicide in every parish of the state in 2009, and with a17
total of 71 deaths statewide in 2011; and18 SCR NO. 118
SLS 14RS-2893	ORIGINAL
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WHEREAS, according to the Louisiana Coalition Against Domestic Violence from1
2010 through 2012 there were 178 deaths due to domestic violence and of those 74% were2
committed with firearms and 37% of the offenders had a prior history of domestic violence3
or other violent crimes and there were 16 multiple victim incidents resulting in 35 deaths,4
practically all of which were committed with firearms; and 5
WHEREAS, in Louisiana, the murder rate most recently measured at 40% higher6
than the national average and has been twice the national average in recent years, with more7
than eighty percent of women being murdered by a husband, partner, or ex-partner; and8
WHEREAS, the state has a higher than average rate of multiple-death domestic9
violence incidents; and10
WHEREAS, in 2012 there was an increase of 800 crisis calls to the statewide hotline,11
about a 15% rise over 2011; Louisiana's eighteen domestic violence centers received over12
35,000 calls in 2012, and the Metropolitan Center for Women and Children, which serves13
the parishes of Orleans, Jefferson, St. Bernard, Plaquemines, St. Tammany, St. Charles, St.14
John the Baptist, and St. James, received 5,000 calls in 2013; and15
WHEREAS, in a survey of one 24-hour period on September 17, 2013, in Louisiana16
there were 721 domestic violence victims and their children who received services; 334 calls17
to domestic violence hotlines were answered; 167 requests from domestic violence victims18
were turned down because programs did not have the resources to provide them; and 34%19
of unmet requests were from victims who had chosen to flee their abusers, and were seeking20
safe emergency or transitional housing; and 21
WHEREAS, it is crucial that a comprehensive review of all existing public and22
private domestic violence programs be undertaken to identify gaps in prevention and23
intervention services and to increase coordination among public and private programs to24
strengthen prevention and intervention services in Louisiana.25
THEREFORE, BE IT RESOLVED that the Louisiana Domestic Violence Prevention26
Commission is hereby created to:27
(1) Assist local and state leaders in developing and coordinating domestic violence28
programs.29
(2) Conduct a continuing comprehensive review of all existing public and private30 SCR NO. 118
SLS 14RS-2893	ORIGINAL
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domestic violence programs to identify gaps in prevention and intervention services and to1
increase coordination among public and private programs to strengthen prevention and2
intervention services.3
(3) Make recommendations with respect to domestic violence prevention and4
intervention.5
(4) Develop a state needs assessment and a comprehensive and integrated service6
delivery approach that meets the needs of all domestic violence victims.7
(5) Establish a method to transition domestic violence service providers toward8
evidence-based national best practices focusing on outreach and prevention.9
(6) Develop a plan that ensures state laws on domestic violence are properly10
implemented and provides training to law enforcement and the judiciary.11
(7) Develop a framework to collect and integrate data and measure program12
outcomes.13
BE IT FURTHER RESOLVED that the commission shall be composed of eighteen14
members as follows:15
(1)  The executive director of the Louisiana Sheriffs' Association or his designee.16
(2) The executive director of the Louisiana Coalition Against Domestic Violence or17
his designee.18
(3) The executive director of the Louisiana District Attorneys Association or his19
designee.20
(4) The executive director of the New Orleans Family Justice Center or his designee.21
(5)  The chair of the Louisiana Legislative Women's Caucus or her designee.22
(6) The chairman of the House Committee on the Administration of Criminal Justice23
or his designee.24
(7)  The chairman of the Senate Committee on Judiciary B or his designee.25
(8) One district court judge with experience in criminal law matters, selected by the26
president of the Louisiana District Court Judges Association.27
(9) One district court judge with experience in family law matters, selected by the28
president of the Louisiana District Court Judges Association.29
(10)  The president of the Louisiana Clerks of Court Association or his designee.30 SCR NO. 118
SLS 14RS-2893	ORIGINAL
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(11) One representative of the Department of Justice, office of the attorney general1
or his designee.2
(l2) The executive director of the Louisiana Commission on Law Enforcement and3
Administration of Criminal Justice or his designee.4
(13) The secretary of the Department of Children and Family Services or his5
designee.6
(14)  The secretary of the Department of Health and Hospitals or his designee.7
(15) One representative of the Louisiana Association of Criminal Defense Lawyers8
or his designee.9
(16) One representative of the Bureau of Alcohol, Tobacco, Firearms and Explosives10
or his designee.11
(17) One attorney licensed to practice law in this state who has at least five years12
experience in representing victims of domestic violence who seek protective orders13
appointed by the governor.14
(18) The executive director of a shelter-based or direct service program provider for15
victims of domestic violence appointed by the governor.16
BE IT FURTHER RESOLVED that:17
(1) The commission shall select one of the commission members to serve as18
chairman and another member shall be selected by the commission members as secretary.19
(2) Members of the commission shall serve for a term concurrent with that of the20
governor.21
(3) Commission members shall serve without compensation or per diem, except that22
legislative members of the commission shall receive the same per diem and reimbursement23
of travel expenses as is provided for legislative committees under the rules of the respective24
house. 25
(4)  The commission shall hold public meetings quarterly except as otherwise26
provided by vote of the commission or by order of the chairman.27
(5) A majority of the commission membership shall constitute a quorum for the28
transaction of business.29
(6) The commission may establish subcommittees within the commission and30 SCR NO. 118
SLS 14RS-2893	ORIGINAL
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appoint members to those subcommittees, including persons outside of the commission1
membership, as it deems necessary and appropriate to accomplish its goals.2
(7)  The Department of Children and Family Services shall provide to the3
commission such clerical, administrative, and technical assistance and support as may be4
necessary to enable the commission to accomplish its goals.5
BE IT FURTHER RESOLVED that the commission shall seek input from, and6
engage in dialogue with, the Louisiana Sentencing Commission, regarding domestic violence7
and its victims and perpetrators, particularly with regard to a review of Louisiana's8
sentencing structure seeking to ensure the imposition of appropriate and just criminal9
sanctions and to make the most efficient use of the correctional system and community10
resources.11
BE IT FURTHER RESOLVED that the commission shall foster public policies,12
human service reforms, and community support that more effectively meet the needs of13
today's vulnerable children and families who are victims of domestic violence, particularly14
the restoration of normalcy for both the victims and perpetrators of domestic violence.15
BE IT FURTHER RESOLVED that the commission shall annually issue a report of16
its findings and recommendations to the governor, the speaker of the House of17
Representatives, and the president of the Senate, with its initial report being submitted on18
or before February 1, 2015, and no later than the first day of February each year thereafter.19
BE IT FURTHER RESOLVED that the report may include any recommendations20
for legislation that it deems necessary and appropriate provided that legislation may only be21
recommended by the commission upon approval by a two-thirds vote of the commission22
members present.23
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the24
the executive director of the Louisiana Sheriffs' Association, the executive director of the25
Louisiana Coalition Against Domestic Violence or his designee, the executive director of26
the Louisiana District Attorneys Association or his designee, the executive director of the27
New Orleans Family Justice Center or his designee, the chair of the Louisiana Legislative28
Women's Caucus or her designee, the president of the Louisiana District Court Judges29
Association, the president of the Louisiana Clerks of Court Association, the attorney general,30 SCR NO. 118
SLS 14RS-2893	ORIGINAL
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the executive director of the Louisiana Commission on Law Enforcement and1
Administration of Criminal Justice, the secretary of the Department of Children and Family2
Services, the secretary of the Department of Health and Hospitals, the Louisiana Association3
of Criminal Defense Lawyers, the Bureau of Alcohol, Tobacco, Firearms and Explosives,4
the Louisiana Sentencing Commission, and the governor.5
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
Brown	SCR No. 118
Creates the Louisiana Domestic Violence Prevention Commission to:
(1)Assist local and state leaders in developing and coordinating domestic violence
programs.
(2)Conduct a continuing comprehensive review of all existing public and private
domestic violence programs to identify gaps in prevention and intervention services
and to increase coordination among public and private programs to strengthen
prevention and intervention services.
(3)Make recommendations with respect to domestic violence prevention and
intervention.
(4)Develop a state needs assessment and a comprehensive and integrated service
delivery approach that meets the needs of all domestic violence victims.
(5)Establish a method to transition domestic violence service providers toward
evidence-based national best practices focusing on outreach and prevention.
(6)Develop a plan that ensures state laws on domestic violence are properly
implemented and provides training to law enforcement and the judiciary.
(7)Develop a framework to collect and integrate data and measure program outcomes.
Provides that the commission shall be composed of 18 members as follows:
(1)The executive director of the Louisiana Sheriffs' Association or his designee.
(2)The executive director of the Louisiana Coalition Against Domestic Violence or his
designee.
(3)The executive director of the Louisiana District Attorneys Association or his
designee.
(4)The executive director of the New Orleans Family Justice Center or his designee.
(5)The chair of the Louisiana Legislative Women's Caucus or her designee.
(6)The chairman of the House Committee on the Administration of Criminal Justice or
his designee.
(7)The chairman of the Senate Committee on Judiciary B or his designee. SCR NO. 118
SLS 14RS-2893	ORIGINAL
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(8)One district court judge with experience in criminal law matters, selected by the
president of the Louisiana District Court Judges Association.
(9)One district court judge with experience in family law matters, selected by the
president of the Louisiana District Court Judges Association.
(10)The president of the Louisiana Clerks of Court Association or his designee.
(11)One representative of the Department of Justice, office of the attorney general or his
designee.
(l2)The executive director of the Louisiana Commission on Law Enforcement and
Administration of Criminal Justice or his designee.
(13)The secretary of the Department of Children and Family Services or his designee.
(14)The secretary of the Department of Health and Hospitals or his designee.
(15)One representative of the Louisiana Association of Criminal Defense Lawyers or his
designee.
(16)One representative of the Bureau of Alcohol, Tobacco, Firearms and Explosives or
his designee.
(17)One attorney licensed to practice law in this state who has at least five years
experience in representing victims of domestic violence who seek protective orders
appointed by the governor.
(18)The executive director of a shelter-based or direct service program provider for
victims of domestic violence appointed by the governor.
Provides that:
(1)The commission shall select one of the commission members to serve as chairman
and another member shall be selected by the commission members as secretary.
(2)Members of the commission shall serve for a term concurrent with that of the
governor.
(3)Commission members shall serve without compensation or per diem, except that
legislative members of the commission shall receive the same per diem and
reimbursement of travel expenses as is provided for legislative committees under the
rules of the respective house. 
(4)The commission shall hold public meetings quarterly except as otherwise provided
by vote of the commission or by order of the chairman.
(5)A majority of the commission membership shall constitute a quorum for the
transaction of business.
(6)The commission may establish subcommittees within the commission and appoint
members to those subcommittees, including persons outside of the commission
membership, as it deems necessary and appropriate to accomplish its goals.
(7)The Department of Children and Family Services shall provide to the commission
such clerical, administrative, and technical assistance and support as may be
necessary to enable the commission to accomplish its goals.
Requires that the commission annually issue a report of its findings and recommendations SCR NO. 118
SLS 14RS-2893	ORIGINAL
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to the governor, the speaker of the House of Representatives, and the president of the Senate,
with its initial report being submitted on or before February 1, 2015, and no later than the
first day of February each year thereafter. Provides that the report may include any
recommendations for legislation that it deems necessary and appropriate provided that
legislation may only be recommended by the commission upon approval by a two-thirds
vote of the commission members present.