HLS 19RS-3268 ENGROSSED
2019 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 109
BY REPRESENTATIVE CARPENTER
CRIMINAL/CONVICTIONS: Requests Voice of the Experienced to study the breadth and
depth of information provided to defendants prior to pleading guilty in the state
1 A CONCURRENT RESOL UTION
2To urge and request Voice of the Experienced to study the collateral consequences of a
3 criminal conviction in Louisiana and the extent to which defendants are notified of
4 such consequences prior to entering a guilty plea, and to report its findings to the
5 Louisiana Legislature no later than February 1, 2020.
6 WHEREAS, roughly ninety-five percent of felony convictions are obtained through
7plea agreements in Louisiana's criminal legal system; and
8 WHEREAS, a guilty plea is a waiver of certain constitutional rights that is only valid
9if, under Boykin v. Alabama, 395 U.S. 238 (1969), it is a voluntary, knowing, and intelligent
10waiver of rights; and
11 WHEREAS, the United States Supreme Court, in Padilla v. Kentucky, 559 U.S. 356
12(2010), mandated that defendants be advised of potential impacts on immigration status, and
13in Missouri v. Frye, 556 U.S. 134 (2012), mandated that defendants be informed of all plea
14offers from the state; and
15 WHEREAS, a felony conviction has immediate and certain impacts on the
16fundamental constitutional rights to vote and to keep and bear arms; and
17 WHEREAS, a felony conviction has certain and potential impacts on the ability to
18hold a Louisiana driver's license, which is often essential to the ability to work and care for
19a family; and
20 WHEREAS, a felony conviction has certain lifetime impacts on a person's eligibility
21for employment, professional licensing, and educational opportunities; and
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HCR NO. 109
1 WHEREAS, a felony conviction has certain lifetime impacts on housing, including
2public housing, and some convictions may result in immediate eviction for a person and,
3potentially, their entire family; and
4 WHEREAS, a person sentenced to a prison term should know if and when they are
5parole eligible, and should be informed of the terms and conditions of probation, including
6opportunities for early termination and a clearly defined sanction process for violations; and
7 WHEREAS, Voice of the Experienced (VOTE) is a Louisiana membership
8organization by and for persons who are directly impacted by the criminal legal system,
9including incarcerated persons and their family members, persons under community
10supervision, and persons living with the lifetime impacts of criminal convictions.
11 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
12urge and request Voice of the Experienced to study the breadth and depth of information
13provided to defendants prior to entering a guilty plea in the Louisiana criminal legal system.
14 BE IT FURTHER RESOLVED that Voice of the Experienced develop a best
15practices guidance that satisfies a knowing and intelligent waiver of rights, with regard to
16the full scope of punishments, exclusions, and other consequences under the laws and
17policies of Louisiana.
18 BE IT FURTHER RESOLVED that, in this regard, Voice of the Experienced may
19work with and receive information from various stakeholders in the criminal legal system,
20including but not limited to representatives of the Louisiana Clerks of Court Association, the
21Louisiana District Judges Association, the Louisiana Public Defender Board, the Louisiana
22District Attorneys Association, the office of motor vehicles of the Department of Public
23Safety and Corrections, the secretary of state, and local public housing authorities.
24 BE IT FURTHER RESOLVED that Voice of the Experienced may also study
25relevant case law and national practices to better understand other approaches of ensuring
26knowing and intelligent waivers of rights prior to entering a guilty plea in a court of law.
27 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to Voice
28of the Experienced.
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HCR NO. 109
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)]
HCR 109 Engrossed 2019 Regular Session Carpenter
Requests Voice of the Experienced to study the collateral consequences of a criminal
conviction in La. and the extent to which defendants are notified of such consequences prior
to entering a guilty plea, and to report its findings to the legislature no later than Feb. 1,
2020.
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