RDCSCR54 362 5193
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Morrell SCR No. 54
Creates the Capital Punishment Fiscal Impact Commission to study the fiscal costs of the
death penalty in La. and to recommend any action or legislation that the commission deems
necessary or appropriate.
The commission consists of the following 15 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.
(14)A person appointed by the Louisiana Sheriff's Association, or his designee.
(15)The attorney general, or his designee.
Further provides that the 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 and by local governments 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 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. RDCSCR54 362 5193
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Further provides that the 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 expense 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 Jan. 1, 2016.
Further provides that the commission terminates on Jan. 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.
Senate Floor Amendments to engrossed bill
1. Increases membership of the commission from 13 members to 15 members.
2. Adds the attorney general and a person appointed by the La. Sheriff's
Association, or their designees, to the membership of the commission. RDCSCR54 362 5193
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the reengrossed resolution.
1. Changes the deadline for the commission to report its findings from Feb. 1, 2016,
to Jan. 1, 2016, and changes the termination date of the commission from Feb.
2, 2016, to Jan. 2, 2016.