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Regular Session, 2014
SENATE CONCURRENT RESOLUTI ON NO. 54
BY SENATOR MORRELL
CRIMINAL JUSTICE. Creates the Capital Punishment Fiscal Impact Commission.
A CONCURRENT RESOLUTI ON1
To create and provide for the Capital Punishment Fiscal Impact Commission to study the2
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. 54
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Department of Public Safety and Corrections, the office of the attorney general, the1
Louisiana Public Defender Board, the House Judiciary Committee, the House Committee2
on Administration of Criminal Justice, the Senate Judiciary B Committee, the Senate3
Judiciary C Committee, the Joint Legislative Committee on the Budget, victims' rights4
organizations, and other interested parties in the appropriate use of resources, and would also5
ensure an adequate service delivery system.6
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby7
create the Capital Punishment Fiscal Impact Commission to conduct a study of the fiscal8
impact of capital punishment in this state.9
BE IT FURTHER RESOLVED that the commission created herein shall consist of10
the following thirteen members:11
(1)The chairman of the Senate Judiciary B Committee, or his designee, who12
shall serve as co-chairman of the commission.13
(2)The chairman of the Senate Judiciary C Committee, or his designee.14
(3)The chairman of the House Committee on Administration of Criminal15
Justice, or his designee, who shall serve as co-chairman of the commission.16
(4)The chairman of the House Judiciary Committee, or his designee.17
(5)A district attorney appointed by the Louisiana District Attorneys Association,18
or his designee.19
(6)A public defender appointed by the Louisiana Public Defender Board, or his20
designee.21
(7)A person selected by the secretary of the Department of Public Safety and22
Corrections, or his designee.23
(8)The legislative auditor, or his designee.24
(9)A member of the Louisiana Sentencing Commission to be selected by the25
chairman of the commission, or his designee.26
(10)An attorney appointed by the Louisiana Association of Criminal Defense27
Lawyers, or his designee.28
(11)A person appointed by the Pelican Institute for Public Policy, or his designee.29
(12)A person appointed by Louisiana Budget Project, or his designee.30 SCR NO. 54
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(13)A person appointed by Louisiana Interchurch Conference, or his designee.1
BE IT FURTHER RESOLVED that the commission study shall include an2
examination and analysis concerning the costs of prosecuting and adjudicating all potential3
capital murder cases as compared to noncapital murder cases, including the costs relating4
to the death penalty that are borne by the state of Louisiana and by local governments in this5
state at each stage of the proceedings in capital murder cases, including costs relating to:6
(1)Legal counsel involved in the prosecution and defense of a capital murder7
case for all pretrial, trial, and post-conviction proceedings.8
(2)Additional procedural costs involved in capital murder cases as compared to9
noncapital murder cases.10
(3)The investigation of a case before a person is charged with a crime, including11
costs for investigation by the prosecution and the defense.12
(4)Pretrial motions and any heightened costs of pretrial discovery associated13
with capital cases.14
(5)The length of delay between offense and trial.15
(6)Extradition.16
(7)Psychiatric and medical evaluations.17
(8)Expert witnesses, including but not limited to the costs incurred by the18
coroner, the court for the appointment of sanity commissions, and other19
capital crime and punishment experts.20
(9)Expenses for witnesses other than expert witnesses, including expenses for21
witnesses during the penalty phase.22
(10)Facilities, including any additional costs to the court, such as costs for23
increased security.24
(11)Juries, including the cost of jury selection and sequestration.25
(12)Sentencing proceedings.26
(13)The preparation and maintenance of records, including transcription, lodging27
of records, and maintaining case files.28
(14)Appellate and post-conviction proceedings, including motions, writs of29
certiorari, and state and federal petitions for post-conviction relief.30 SCR NO. 54
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(15)Reversal of verdict or a new trial based upon the heightened standard of1
review required in capital cases.2
(16)Requests for clemency.3
(17)The incarceration of persons awaiting trial in capital murder cases and4
persons awaiting execution, including the length of such incarceration and5
additional security costs.6
(18)Law and policy prohibiting defendants under a death sentence from working7
at hard labor.8
(19)Remuneration for wrongful conviction or sentence, or costs incurred for the9
prevention of wrongful conviction or sentence.10
(20)Victim services.11
(21)Protections to ensure the fairness of capital proceedings and the prevention12
of wrongful executions.13
(22)Litigation of nonfrivolous civil claims associated with detention on death14
row, including the costs of defending and prosecuting such claims.15
(23)The execution of a sentence of death, including costs of facilities and staff,16
medicine, licensing, and litigation concerning these functions.17
BE IT FURTHER RESOLVED that the commission study shall include an18
assessment of the costs incurred as a result of the possibility of capital punishment for19
violations of R.S. 14:30, first degree murder, identification of the agency responsible for20
bearing these costs, and the impact of those expenditures on the agency.21
BE IT FURTHER RESOLVED that the commission study shall include an22
examination and analysis concerning any potential cost savings relative to:23
(1)The appropriate use of plea bargaining in potential capital cases.24
(2)Strategic litigation choices by the prosecution and the defense in potential25
capital cases.26
(3)The execution of a death sentence. 27
BE IT FURTHER RESOLVED that the commission study shall include an28
examination and analysis concerning whether potential cost savings can be secured through29
alternative measures, including but not limited to alteration of punishment schemes,30 SCR NO. 54
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internalizing of cost structures, or oversight.1
BE IT FURTHER RESOLVED that the members of the commission shall serve2
without compensation, except per diem or expenses reimbursement to which they may be3
individually entitled as members of the constituent organizations.4
BE IT FURTHER RESOLVED that a majority of the total membership shall5
constitute a quorum of the commission, and any official action by the commission shall6
require an affirmative vote of a majority of the quorum present and voting.7
BE IT FURTHER RESOLVED that the commission may conduct such public8
meetings as it may deem necessary or convenient to enable it to exercise its powers fully and9
effectively, perform its duties, and accomplish the objectives and purposes of this10
Resolution, and may receive at such public meetings testimony and other evidence relative11
to any of the subjects of study enumerated in this Resolution to the extent permitted by the12
public records law.13
BE IT FURTHER RESOLVED that the commission shall have the authority to14
request any information concerning costs, to the extent permitted by the public records law.15
BE IT FURTHER RESOLVED that the staffs of the Senate, the House of16
Representatives, the legislative fiscal office, and the legislative auditor may provide staff17
support and otherwise assist the commission, during the regular business hours of the18
respective agencies and when such support and assistance do not conflict with regular staff19
duties, as requested by the commission pursuant to the commission's written request for20
approval to the president of the Senate, the speaker of the House of Representatives, the21
legislative fiscal officer, or the legislative auditor, for specific support and assistance to be22
provided by the staffs of their respective agencies.23
BE IT FURTHER RESOLVED that every officer, agency, board, commission, and24
department of the state, and every political subdivision and local officer, shall furnish aid,25
services, and assistance as may be requested by the commission and, to the extent permitted26
by and in accordance with the public records law, shall make available all facts, records,27
information, and data requested by the commission, and in all ways cooperate with the28
commission in carrying out its functions and duties.29
BE IT FURTHER RESOLVED that the commission may apply for, contract for,30 SCR NO. 54
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receive, and expend for purpose of this Resolution any appropriation or grant from the state,1
its political subdivisions, the federal government, or any other public or private source.2
BE IT FURTHER RESOLVED that the books and records of the commission shall3
be subject to audit by the legislative auditor pursuant to R.S. 24:513.4
BE IT FURTHER RESOLVED that the commission shall report its findings and5
recommendations, including suggestions for proposed legislation, if any, to the chairman of6
the Senate Judiciary B Committee, the chairman of the House Committee on Administration7
of Criminal Justice, and the legislature no later than February 1, 2016.8
BE IT FURTHER RESOLVED that the commission shall terminate on February 2,9
2016.10
The original instrument was prepared by Alden A. Clement, Jr. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Cathy R. Wells.
DIGEST
Morrell SCR No. 54
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)The chairman of the Senate Judiciary B Committee, who serves as co-chairman.
(2)The chairman of the Senate Judiciary C Committee.
(3)The chairman of the House Committee on Administration of Criminal Justice, who
serves as co-chairman.
(4)The chairman of the House Judiciary Committee.
(5)A district attorney appointed by the La. District Attorneys Association.
(6)A public defender appointed by the La. Public Defender Board.
(7)A person selected by the secretary of the Dept. of Public Safety and Corrections.
(8)The legislative auditor.
(9)A member of the La. Sentencing Commission to be selected by the chairman of the
commission.
(10)An attorney appointed by the La. Association of Criminal Defense Lawyers.
(11)A person appointed by the Pelican Institute for Public Policy.
(12)A person appointed by Louisiana Budget Project. SCR NO. 54
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(13)A person appointed by Louisiana Interchurch Conference.
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
as a result of the possibility of capital punishment for 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 cases, 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, to the
extent permitted by the public records law.
Further provides that the commission has the authority to subpoena any information
concerning costs to the extent permitted by the public records law.
Further provides that the staffs of the Senate, the House of Representatives, the legislative
fiscal office, and the legislative auditor may provide staff support as requested by the
commission and pursuant to the commission's written request to the president of the Senate,
the speaker of the House of Representatives, the legislative fiscal officer, or the legislative
auditor for specific support and assistance.
Further provides that every officer, agency, board, commission, and department of the state
and every political subdivision and local officer is to furnish aid, services, and assistance as
may be requested by the commission and, to the extent permitted by and in accordance with
the public records law, make available all facts, records, information, and data requested by
the commission, and in all ways cooperate with the commission in carrying out its functions
and duties.
Further provides that the commission may apply for, contract for, receive, and expend for
purposes of its study any appropriation or grant from the state, its political subdivisions, the
federal government, or any other public or private source.
Further provides that the books and records of the commission are subject to audit by the
legislative auditor pursuant to present law. SCR NO. 54
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Further provides that the commission is to report its findings and recommendations to the
chairman of the Senate Judiciary B Committee, the chairman of the House Committee on
Administration of Criminal Justice, and the legislature no later than February 1, 2016.
Further provides that the commission terminates on February 2, 2016.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Changes date commission is to report its findings and date that commission
sunsets from February, 2015 to February, 2016.