Louisiana 2015 2015 Regular Session

Louisiana Senate Bill SCSR3 Introduced / Bill

                    SLS 15RS-576	ORIGINAL
2015 Regular Session
SENATE CONCURRENT STUDY REQUEST NO. 3
BY SENATOR DORSEY-COLOMB 
COMMITTEE STUDIES.  Requests the Senate Committee on Judiciary C and the House
Committee on the Administration of Criminal Justice to study the feasibility of authorizing
motions requesting the expungement of records to be filed in forma pauperis.
1	A CONCURRENT STUDY REQUEST
2 To request the Senate Committee on Judiciary C and the House Committee on the
3 Administration of Criminal Justice to meet and function as a joint committee to study
4 the feasibility of authorizing motions requesting the expungement of records to be
5 filed in forma pauperis.
6 WHEREAS, "expunge a record" means to remove a record of arrest or conviction,
7 photographs, fingerprints, disposition, or any other information of any kind from public
8 access; and
9 WHEREAS, "expunge a record" does not mean destruction of the record; and
10 WHEREAS, "in forma pauperis" means when a poor person cannot afford to pay the
11 costs of legal action as it proceeds, he is exempted from such payment; and
12 WHEREAS, Louisiana law provides for the expungement of certain arrest and
13 conviction records under limited circumstances; and
14 WHEREAS, obtaining an expungement of these records allows for the removal of
15 a record from public access but does not result in the destruction of the record; and
16 WHEREAS, it is the intention of the legislature that Title XXXIV of the Code of
17 Criminal Procedure will provide opportunities to break the cycle of criminal recidivism,
18 increase public safety, and assist the growing population of criminal offenders reentering the
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SLS 15RS-576	ORIGINAL
1 community to establish a self-sustaining life through opportunities in employment; and
2 WHEREAS, the inability to obtain an expungement can prevent certain individuals
3 from obtaining gainful employment; and
4 WHEREAS, there is a need to study the cost of authorizing motions requesting the
5 expungement of a record to be filed in forma pauperis.
6 THEREFORE, the Legislature of Louisiana requests that the Senate Committee on
7 Judiciary C and the House Committee on the Administration of Criminal Justice meet and
8 function as a joint committee to study the feasibility of authorizing motions requesting the
9 expungement of records to be filed in forma pauperis and deliver a written report of its
10 findings prior to the 2016 Regular Session, together with any proposals for legislation.
11 A copy of this Study Request shall be transmitted to the Director of the Louisiana
12 State Law Institute.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michael Bell.
DIGEST
SCSR 3 Original 2015 Regular Session Dorsey-Colomb
Requests that the Senate Committee on Judiciary C and the House Committee on the
Administration of Criminal Justice meet and function as a joint committee to study the
feasibility of authorizing motions requesting the expungement of records to be filed in forma
pauperis.
Requests that the committees deliver a written report of their findings prior to the 2016
Regular Session, together with any proposals for legislation.
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