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 Reengrossed 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 and
the person seeking clemency shall not be required to reapply.
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 and present law and provides that when no action is taken
by the governor on a recommendation for clemency issued by the board, the person seeking
clemency shall not be required to reapply to the board and 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.
In addition, proposed law requires the board to adopt rules pursuant to the Administrative Procedure
Act to provide for the provisions of proposed law, but the rules shall not require the person seeking
clemency to reapply when no action is taken by the governor on the board's recommendation that the
person receive clemency.
(R.S. 15:572.4(E))
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Add that the person seeking clemency shall not be required to reapply to the Board of
Pardons when no action is taken by the governor on the board's recommendation that the person receive clemency.
2. Remove the provision which required the person seeking clemency to comply with any
rules adopted by the board providing for the time period within which an applicant may
reapply upon notification that no action was taken by the governor.
3. Add that the board shall adopt rules to provide for the provisions of proposed law, but
provides that the rules shall not require the person seeking clemency to reapply when no
action is taken by the governor on the board's recommendation.