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 12 Original 2020 Second Extraordinary Session Marino
Abstract: Provides relative to the appearance of certain persons before the Board of Pardons and
committee on parole by teleconference and provides relative to the authority of the Board of
Pardons and committee on parole to conduct meetings and hearings via teleconference.
Present law authorizes a crime victim or the victim's family, a victim advocacy group, and the district
attorney or his representative to appear before the Board of Pardons (board) by means of telephone
communication from the office of the local district attorney.
Proposed law amends present law to authorize any person providing testimony to appear before the
board by means of teleconference or telephone communication and removes the provision which
requires the person to be at the office of the local district attorney.
Present law provides that the crime victim or the victim's family, a victim advocacy group, and the
district attorney or his representatives, may appear before the committee on parole (committee) by
means of telephone communication from the office of the local district attorney.
Proposed law amends present law to require any person providing testimony to appear before the
committee by means of teleconference or telephone communication and removes the provision
which requires the person to be at the office of the local district attorney.
Proposed law authorizes the board and the committee to hold their meetings or hearings by
teleconference if the meeting or hearing complies with certain requirements including:
(1)A physical anchor location is established from which the meeting or hearing shall originate
and at which the recording secretary of the meeting or hearing is present and conducts the
meeting or hearing. Proposed law provides that any member of the board or the committee
and any member of the public may participate in person at the anchor location.
(2)The meeting or hearing complies with the requirements of the Open Meetings Law (R.S.
42:14, 16, 17, 19, 20, 23, and 24).
(3)The board or committee publishes notice of the meeting or hearing and the procedures for
conducting the meeting or hearing by teleconference prior to the meeting or hearing.
(4)All comments received in writing or by email are made available to members of the board
or committee for their consideration and retained on file as part of the record of the proceedings.
(5)All votes taken in the teleconference meeting or hearing are by roll call vote.
(6)The entirety of the meeting or hearing, except for a duly called executive session, is audible
to the public and broadcasted over the internet.
(7)The teleconference meeting or hearing is recorded and made available to the public upon
request.
(8)If a problem occurs that causes the meeting or hearing to no longer be visible or audible to
the public, the meeting or hearing is recessed until the problem is resolved. If the problem
is not resolved in two hours or less, the meeting or hearing shall be adjourned.
Proposed law requires any changes to the rules, policies, or directives of the board or committee to
be done at a regularly scheduled meeting with a quorum present physically at the anchor location.
Proposed law provides that a meeting or hearing conducted by teleconference shall not require a
quorum to be present physically at the anchor location of the meeting or hearing.
Proposed law requires the board and committee to adopt rules pursuant to the Administrative
Procedure Act to implement the provisions of proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 15:573.2 and 574.4.1(A)(2); Adds R.S. 15:573.3 and 574.4.1(E))