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Regular Session, 2014
SENATE CONCURRENT RESOLUTI ON NO. 16
BY SENATOR MORRELL
CRIMINAL JUSTICE. Creates the Joint Capital Punishment Fiscal Impact Commission.
A CONCURRENT RESOLUTI ON1
To create and provide for the Joint Capital Punishment Fiscal Impact Commission to study2
the fiscal costs of the death penalty in Louisiana and to recommend any action or3
legislation that the commission deems necessary or appropriate.4
WHEREAS, the determination of the appropriate sanction for criminal offenses is5
a legislative prerogative, to be determined with full understanding of the costs and benefits6
associated with the punishment; and7
WHEREAS, capital punishment is authorized under the Constitution of Louisiana8
and state statute, including R.S. 14:30, first degree murder; and9
WHEREAS, the legislative enactment of statutes authorizing capital punishment10
requires the provision for and funding of systems to administer the punishment appropriately11
and effectively; and12
WHEREAS, the legislature recognizes the importance of collecting and verifying13
objective statistical data on the cost of capital punishment in Louisiana; and14
WHEREAS, questions are frequently raised regarding the costs of the administration15
of a system of capital punishment; and16
WHEREAS, data regarding the costs associated with the death penalty would assist17
the executive and legislative branches, including but not limited to district attorneys, the18 SCR NO. 16
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Department of Public Safety and Corrections, the office of the attorney general, the1
Louisiana Public Defender Board, the House Committee on Administration of Criminal2
Justice, the Senate Judiciary C Committee, the Joint Legislative Committee on the Budget,3
victims' rights organizations, and other interested parties in the appropriate use of resources,4
and would also ensure an adequate service delivery system.5
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby6
create the Joint Capital Punishment Fiscal Impact Commission to conduct a study of the7
fiscal impact of capital punishment in this state.8
BE IT FURTHER RESOLVED that the commission created herein shall consist of9
the following eighteen members:10
(1)One member of the Senate appointed by the president, or the member's11
designee, who shall serve as co-chairperson of the commission.12
(2)One member of the House of Representatives appointed by the speaker, or13
the member's designee, who shall serve as co-chairperson of the commission.14
(3)A district attorney appointed by the Louisiana District Attorneys Association,15
or his designee.16
(4)A public defender appointed by the Louisiana Public Defender Board, or his17
designee.18
(5)A person selected by the secretary of the Department of Public Safety and19
Corrections, or his designee.20
(6)The legislative auditor, or his designee.21
(7)A member of the Louisiana Sentencing Commission to be selected by the22
chairman of the commission, or his designee.23
(8)A person appointed by the chief justice of the Louisiana Supreme Court, or24
his designee.25
(9)A sheriff appointed by the Louisiana Sheriffs' Association, or his designee.26
(10)The superintendent of state police, or his designee.27
(11)A person selected by the Council for a Better Louisiana, or his designee.28
(12)A person appointed by the governor, or his designee.29
(13)An attorney appointed by the Louisiana Association of Criminal Defense30 SCR NO. 16
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Lawyers, or his designee.1
(14)A person appointed by the Public Affairs Research Council of Louisiana, or2
his designee.3
(15)A person appointed by the Pelican Institute for Public Policy, or his designee.4
(16)A person appointed by Louisiana Budget Project, or his designee.5
(17)A person appointed by Louisiana Interchurch Conference, or his designee.6
(18)The warden of the Louisiana State Penitentiary, or his designee.7
BE IT FURTHER RESOLVED that the commission study shall include an8
examination and analysis concerning the costs of prosecuting and adjudicating all potential9
capital murder cases as compared to noncapital murder cases, including the costs relating10
to the death penalty that are borne by the state of Louisiana and by local governments in this11
state at each stage of the proceedings in capital murder cases, including costs relating to:12
(1)Legal counsel involved in the prosecution and defense of a capital murder13
case for all pretrial, trial, and post-conviction proceedings.14
(2)Additional procedural costs involved in capital murder cases as compared to15
noncapital murder cases.16
(3)The investigation of a case before a person is charged with a crime, including17
costs for investigation by the prosecution and the defense.18
(4)Pretrial motions and any heightened costs of pretrial discovery associated19
with capital cases.20
(5)The length of delay between offense and trial.21
(6)Extradition.22
(7)Psychiatric and medical evaluations.23
(8)Expert witnesses, including but not limited to the costs incurred by the24
coroner, the court for the appointment of sanity commissions, and other25
capital crime and punishment experts.26
(9)Expenses for witnesses other than expert witnesses, including expenses for27
witnesses during the penalty phase.28
(10)Facilities, including any additional costs to the court, such as costs for29
increased security.30 SCR NO. 16
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(11)Juries, including the cost of jury selection and sequestration.1
(12)Sentencing proceedings.2
(13)The preparation and maintenance of records, including transcription, lodging3
of records, and maintaining case files.4
(14)Appellate and post-conviction proceedings, including motions, writs of5
certiorari, and state and federal petitions for post-conviction relief.6
(15)Reversal of verdict or a new trial based upon the heightened standard of7
review required in capital cases.8
(16)Requests for clemency.9
(17)The incarceration of persons awaiting trial in capital murder cases and10
persons awaiting execution, including the length of such incarceration and11
additional security costs.12
(18)Law and policy prohibiting defendants under a death sentence from working13
at hard labor.14
(19)Remuneration for wrongful conviction or sentence, or costs incurred for the15
prevention of wrongful conviction or sentence.16
(20)Victim services.17
(21)Protections to ensure the fairness of capital proceedings and the prevention18
of wrongful executions.19
(22)Litigation of nonfrivolous civil claims associated with detention on death20
row, including the costs of defending and prosecuting such claims.21
(23)The execution of a sentence of death, including costs of facilities and staff,22
medicine, licensing, and litigation concerning these functions.23
BE IT FURTHER RESOLVED that the commission study shall include an24
assessment of the costs incurred as a result of the possibility of capital punishment for all25
violations of R.S. 14:30, identification of the agency responsible for bearing these costs, and26
the impact of those expenditures on the agency.27
BE IT FURTHER RESOLVED that the commission study shall include an28
examination and analysis concerning any potential cost savings relative to:29
(1)The appropriate use of plea bargaining in potential capital cases.30 SCR NO. 16
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(2)Strategic litigation choices by the prosecution and the defense in potential1
capital cases.2
(3)The execution of a death sentence. 3
BE IT FURTHER RESOLVED that the commission study shall include an4
examination and analysis concerning whether potential cost savings can be secured through5
alternative measures, including but not limited to alteration of punishment schemes,6
internalizing of cost structures, or oversight.7
BE IT FURTHER RESOLVED that the members of the commission shall serve8
without compensation, except per diem or expenses reimbursement to which they may be9
individually entitled as members of the constituent organizations.10
BE IT FURTHER RESOLVED that a majority of the total membership shall11
constitute a quorum of the commission, and any official action by the commission shall12
require an affirmative vote of a majority of the quorum present and voting.13
BE IT FURTHER RESOLVED that the commission may conduct such public14
meetings at such times as it may deem necessary or convenient to enable it to exercise its15
powers fully and effectively, perform its duties, and accomplish the objectives and purposes16
of this Resolution, and may receive at such public meetings testimony and other evidence17
relative to any of the subjects of study enumerated in this Resolution, except that evidence18
detailing security-related measures and costs associated therewith, and personal information19
concerning those individuals responsible for the administration of capital punishment, may20
be deemed confidential by the commission.21
BE IT FURTHER RESOLVED that the commission shall have the authority to22
subpoena or request any information concerning costs, excluding confidential information23
concerning specific cases.24
BE IT FURTHER RESOLVED that the commission shall report its findings and25
recommendations, including suggestions for proposed legislation, if any, to the governor and26
the legislature no later than December 31, 2014.27
BE IT FURTHER RESOLVED that the commission shall terminate on January 1,28
2015.29 SCR NO. 16
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Morrell SCR No. 16
Creates the Joint Capital Punishment Fiscal Impact Commission to study the fiscal costs of
the death penalty in Louisiana and to recommend any action or legislation that the
commission deems necessary or appropriate.
The commission consists of the following members or their designees:
(1)One member of the Senate appointed by the president, who serves as co-chairperson
of the commission.
(2)One member of the House of Representatives appointed by the speaker, who serves
as co-chairperson of the commission.
(3)A district attorney appointed by the La. District Attorneys Association.
(4)A public defender appointed by the La. Public Defender Board.
(5)A person selected by the secretary of the Dept. of Public Safety and Corrections.
(6)The legislative auditor.
(7)A member of the La. Sentencing Commission to be selected by the chairman of the
commission.
(8)A person appointed by the chief justice of the La. Supreme Court.
(9)A sheriff appointed by the La. Sheriffs' Association.
(10)The superintendent of state police.
(11)A person selected by the Council for a Better Louisiana.
(12)A person appointed by the governor.
(13)An attorney appointed by the La. Association of Criminal Defense Lawyers.
(14)A person appointed by the Public Affairs Research Council.
(15)A person appointed by the Pelican Institute for Public Policy.
(16)A person appointed by Louisiana Budget Project.
(17)A person appointed by Louisiana Interchurch Conference.
(18)The warden of the La. State Penitentiary.
Further provides that the commission study is to include an examination and analysis
concerning the costs of prosecuting and adjudicating all potential capital murder cases as
compared to noncapital murder cases, including the costs relating to the death penalty that
are borne by the state of Louisiana and by local governments in this state at each stage of the
proceedings.
Further provides that the commission study is to include an assessment of the costs incurred SCR NO. 16
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as a result of the possibility of capital punishment for all violations of present law relative
to first degree murder, and identification of the agency responsible for bearing these costs,
and the impact of those expenditures on the agency.
Further provides that the commission study is to include an examination and analysis
concerning any potential cost savings relative to the appropriate use of plea bargaining in
potential capital cases, strategic litigation choices by the prosecution and the defense in
potential capital case, and the execution of a death sentence.
Further provides that the commission study is to include an examination and analysis
concerning whether potential cost savings can be secured through alternative measures,
including alteration of punishment schemes, internalizing of cost structures, or oversight.
Further provides that the members of the commission are to serve without compensation,
except per diem or expenses reimbursement to which they may be entitled as members of
the constituent organizations.
Specifies that a majority of the total membership constitutes a quorum of the commission,
and any official action requires an affirmative vote of a majority of the quorum present and
voting.
Further provides that the commission may conduct such public meetings as it deems
necessary or convenient to enable it to exercise its powers fully and effectively, perform its
duties, and accomplish the commission's objectives and purposes, and may receive at such
public meetings testimony and other evidence relative to any of the subjects of study, except
that evidence detailing security related measures and costs associated therewith, and personal
information concerning those individuals responsible for the administration of capital
punishment, may be deemed confidential.
Further provides that the commission has the authority to subpoena any information
concerning costs, excluding confidential information concerning specific cases.
Further provides that the commission is to report its findings and recommendations to the
governor and the legislature no later than December 31, 2014.
Further provides that the commission terminates on January 1, 2015.