Louisiana 2021 Regular Session

Louisiana House Bill HB232

Introduced
3/25/21  
Refer
3/25/21  
Refer
4/12/21  
Refer
4/12/21  
Report Pass
4/27/21  
Report Pass
4/27/21  
Engrossed
5/5/21  
Engrossed
5/5/21  
Refer
5/6/21  
Refer
5/6/21  
Report Pass
5/18/21  
Enrolled
6/1/21  
Enrolled
6/1/21  
Chaptered
6/10/21  
Chaptered
6/10/21  
Passed
6/10/21  

Caption

Provides relative to discharge and dismissals of prosecutions for misdemeanor convictions

Impact

The enactment of HB 232 is expected to have a notable impact on individuals facing misdemeanor charges, potentially reducing recidivism rates by affording a second opportunity for those who have made mistakes but seek rehabilitation and reintegration into society. By making it easier for individuals to clear their records, the bill supports principles of restorative justice, which can also alleviate some of the long-term societal consequences associated with misdemeanor convictions. The modification stands to reshape how minor offenses are treated within the state’s criminal justice framework, fostering a more rehabilitative rather than punitive approach.

Summary

House Bill 232 aims to amend the Code of Criminal Procedure in Louisiana concerning the discharge and dismissal of misdemeanor prosecutions. Notably, it seeks to remove the existing limitation that allows discharge and dismissal to occur only once every five years for individuals convicted of misdemeanors. This change is significant as it provides individuals greater leeway to have their misdemeanor charges dismissed, allowing for a fresh start without the burden of past misdemeanors impacting future legal standing indefinitely.

Sentiment

The sentiment around HB 232 appears to be largely positive among those advocating for criminal justice reform and rehabilitation. Supporters believe that the bill represents a significant step toward reducing the collateral consequences of misdemeanor convictions, thereby aiding individuals in rebuilding their lives. However, some concerns have been raised about how this bill might affect public safety and the ability of law enforcement to track repeat offenders, reflecting a nuanced debate over whether reform measures adequately balance individual second chances with community safety.

Contention

The primary contention surrounding HB 232 relates to the implications of removing the five-year dismissal restriction. Critics argue that while the bill aims to assist individuals, it could pose risks by allowing repeat misdemeanor offenders easier access to cleared records, potentially impacting community safety. Proponents counter that the bill's focus on rehabilitation will ultimately contribute to lower crime rates and a more just legal system where offenses are not a perpetual hindrance. This reflects a larger discussion within Louisiana about the effectiveness and humaneness of the state’s approach to minor offenses.

Companion Bills

No companion bills found.

Previously Filed As

LA SB553

Provides for procedures relative to sobriety court programs. (8/1/12)

LA SB116

Provides relative to the expungement of felony convictions. (8/1/24)

LA SB97

Provides for "clean slate" limited access to a person's criminal history record relative to certain misdemeanors. (1/1/20)

LA SB289

Provides relative to driving privileges regarding DWI convictions. (8/1/14)

LA HB179

Provides relative to certain conditions to expunge a record of arrest and conviction of a felony offense

LA SB27

Prohibits expungement of domestic abuse battery convictions. (gov sig)

LA SB112

Provides procedure for expungement of certain criminal records. (gov sig)

LA HB518

Provides relative to the sentencing of habitual offenders

LA HB219

Provides relative to the discharge of bail obligations

LA HB178

Provides relative to the suspension or deferral of sentence and probation in felony cases (EN SEE FISC NOTE LF EX See Note)

Similar Bills

No similar bills found.