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