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)]
HB 631 Original 2018 Regular Session Hunter
Abstract: Provides that when no action is taken by the governor, a recommendation for clemency
issued by the board shall not expire upon the expiration of the governor's term in office.
Present constitution (La. Const. Art XII, ยง5(E)) and present law (R.S. 15:572) provide that the
governor may grant reprieves to persons convicted of offenses against the state and, upon
recommendation of the Board of Pardons, may commute sentences, pardon those convicted of
offenses against the state, and remit fines and forfeitures imposed for such offenses.
Present rules (LAC 22:V.205(D)(5)) adopted by the Board of Pardons provide that the board shall
notify an applicant after its receipt of notification from the governor that the board's favorable
recommendation for clemency was denied or no action was taken. The rules further provide that if
the applicant is notified that no action was taken by the governor, the applicant may request
reconsideration of the board's favorable recommendation. The applicant must submit a re-
application within one year from the date on the board's notification to the applicant of no action
taken by the governor.
Proposed law retains present constitution, law, and rules and provides that when no action is taken
by the governor on a recommendation for clemency issued by the board, the recommendation shall
not expire upon the expiration of the governor's term in office and may be reviewed by the next
governor to take office. However, the person seeking clemency shall still be required to comply with
any rules adopted by the board providing for the time period within which an applicant shall reapply
upon notification that no action was taken by the governor.
(R.S. 15:572.4(E))