HLS 20RS-2894 ORIGINAL
2020 Regular Session
HOUSE RESOLUTION NO. 67
BY REPRESENTATIVE JAMES
CRIMINAL/RECORDS: Creates the Clean Slate Task Force
1 A RESOLUTION
2To authorize and direct the creation of the Clean Slate Task Force to study and evaluate the
3 process and procedure for automatic criminal record-clearing for individuals who are
4 eligible for expungement under Louisiana law.
5 WHEREAS, Pennsylvania in 2018 and Utah in 2019 passed "clean slate" legislation,
6allowing for automatic record-clearing under their respective states' expungement laws;
7Washington and Michigan are also considering "clean slate" legislation to automate
8expungements; and
9 WHEREAS, in the 2019 Regular Session of the Legislature of Louisiana, House
10Concurrent Resolution No. 106 requested certain groups to study and evaluate the process
11and procedure for automatic criminal record-clearing for individuals who remain free from
12convictions for a certain period of time; and
13 WHEREAS, Louisiana law provides for the mandatory expungement of certain
14records without cost to the defendant when the defendant was arrested and not convicted,
15the district attorney declined to prosecute, or the time limitations for the institution of
16prosecution expired; and
17 WHEREAS, current Louisiana law does not destroy a criminal record, but rather
18authorizes law enforcement, district attorneys, licensing boards, and a number of other
19statutorily enumerated agencies to continue to view criminal records after the records are
20expunged; and
Page 1 of 4 HLS 20RS-2894 ORIGINAL
HR NO. 67
1 WHEREAS, there are many barriers associated with a criminal record, such as
2employment, cognitive development, attaining a degree, and locating housing; and
3 WHEREAS, according to research by the University of Michigan, people are eleven
4percent more likely to be employed and earn higher wages one year after a criminal record
5is cleared; and
6 WHEREAS, a vast majority of people cannot afford a lawyer, pay court fees, or
7navigate the process to petition the court for expungement; and
8 WHEREAS, automatic criminal record-clearing removes the burden of filing a court
9petition, is likely to reduce recidivism and will benefit the national economy, which loses
10approximately eighty-seven billion dollars in gross domestic product every year by not
11hiring people with criminal records.
12 THEREFORE, BE IT RESOLVED that the House of Representatives of the
13Legislature of Louisiana does hereby authorize and direct the creation of the Clean Slate
14Task Force to develop processes and procedures to implement automatic criminal record-
15clearing in Louisiana and to recommend any legislative changes that would be necessary to
16enact automatic criminal record-clearing under Louisiana expungement law.
17 BE IT FURTHER RESOLVED that the task force shall be composed of the
18following members:
19 (1) The chairman of the House Committee on Administration of Criminal Justice,
20who authored House Concurrent Resolution No. 106 of the 2019 Regular Session of the
21Legislature, or his designee.
22 (2) The governor or his designee.
23 (3) The chief justice or his designee.
24 (4) A representative from the Case Management Information System Division of the
25Louisiana Supreme Court.
26 (5) The speaker of the House of Representatives or his designee.
27 (6) The secretary of the Department of Public Safety and Corrections or his
28designee.
29 (7) The president of the Louisiana Sheriffs' Association or his designee.
Page 2 of 4 HLS 20RS-2894 ORIGINAL
HR NO. 67
1 (8) Three representatives from Louisiana State Police, at least one of which
2represents the technology team for the Criminal Repository.
3 (9) The executive director of the Louisiana Clerks of Court Association or his
4designee.
5 (10) The executive director of the Louisiana Commission on Law Enforcement and
6Administration of Criminal Justice or his designee.
7 (11) The president or executive director of the Louisiana District Attorneys
8Association or their designee, and an individual from the technology team for the
9association.
10 (12) The district attorney for the parish of East Baton Rouge or his designee.
11 (13) A district attorney appointed by the Louisiana District Attorneys Association.
12 (14) A representative from the staff of the Louisiana Public Defender Board.
13 (15) A public defender appointed by the Louisiana Public Defender Board.
14 (16) A representative from the East Baton Rouge Office of the Public Defender.
15 (17) Two representatives from the Justice and Accountability Center of Louisiana.
16 (18) A representative from Louisianans for Prison Alternatives.
17 (19) A representative from Voice of the Experienced.
18 (20) A representative from Right on Crime.
19 (21) A representative from the Louisiana Association of Business and Industry.
20 BE IT FURTHER RESOLVED that a majority of the membership of the task force
21shall constitute a quorum and shall elect the chairman of the task force at its first meeting.
22The task force shall meet at the call of the chairperson or upon an affirmative vote of a
23majority of the task force members. All members shall be notified in writing of all meetings
24at least five days before the date on which a meeting of the task force is scheduled.
25 BE IT FURTHER RESOLVED that meetings of the task force shall take place at the
26Louisiana State Capitol and the first meeting of the task force shall take place no later than
27August 1, 2020.
28 BE IT FURTHER RESOLVED that the duties of the task force shall include but not
29be limited to all of the following:
Page 3 of 4 HLS 20RS-2894 ORIGINAL
HR NO. 67
1 (1) Analyze Louisiana criminal record data to determine changes that are necessary
2to provide for automatic criminal record-clearing.
3 (2) Recommend any legislation necessary for the 2021 Regular Session of the
4Legislature to enact automatic criminal record-clearing for eligible individuals.
5 (3) Recommend the amount of funds necessary for the enactment of "clean slate"
6legislation to be included in the budget prior to the 2021 Regular Session of the Legislature.
7 BE IT FURTHER RESOLVED that the task force may request and collect relevant
8and necessary data and information to accomplish its purposes from state and local
9government agencies, including courts.
10 BE IT FURTHER RESOLVED that the entities and court systems from which such
11information and data is requested may, to the extent feasible, provide such information and
12data to the task force at no cost.
13 BE IT FURTHER RESOLVED that the task force shall maintain qualified technical
14assistance and support through the continued assistance of Code for America and the Crime
15and Justice Institute.
16 BE IT FURTHER RESOLVED that the task force shall prepare and submit a report
17of its findings and policy recommendations to the governor and the House of
18Representatives of the Legislature of Louisiana no later than February 1, 2021, and any
19further reports or recommendations thereafter as requested by the governor or the House of
20Representatives of the Legislature of Louisiana, or as advised by the task force.
21 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to each
22of the task force members and the appointing entities provided in this Resolution.
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)]
HR 67 Original 2020 Regular Session James
Creates the Clean Slate Task Force to develop processes and procedures to implement
automatic criminal record-clearing in La., and to recommend any legislative changes that
would be necessary to enact automatic criminal record-clearing under La. expungement law.
Page 4 of 4