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.
(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.
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.