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