RÉSUMÉ DIGEST
SB 379 2022 Regular Session Peacock
Present law prohibits any adult person convicted of, or found not guilty by reason of insanity
for, a crime of violence as defined in present law, or any crime defined as an attempt to
commit a crime of violence under the laws of Louisiana, or has been convicted under the
laws of any other state or of the United States or of any foreign government or country of a
crime which, if committed in this state, would be a crime of violence, from possessing a
firearm or carrying a concealed weapon.
Proposed law would have retained present law and extended the prohibition against
possessing a firearm or carrying a concealed weapon to persons that committed a felony-
grade delinquent act (a crime of violence committed by a child) when that person was 16 or
17 years old and that person is under the age of 24 when the offense is committed.
Would have become effective August 1, 2022.
(Proposed to amend R.S. 14:95.1(A))
VETO MESSAGE:
"Please allow this letter to inform you that I have vetoed Senate Bill 379 of the 2022 Regular
Session.
This bill would have allowed certain juvenile adjudications to be used as an element of the
crime of possession of a firearm by a convicted felon for any person under the age of 24. The
Louisiana Supreme Court has already weighed in on this matter as it relates to habitual
offender laws in State v. Brown, when the court ruled that a juvenile offense cannot be used
to enhance a penalty for an offense committed as an adult. What this bill would seek to do,
however, is not just use a juvenile adjudication as an enhancement to a penalty provision.
Instead, it seeks to establish the previous juvenile adjudication as an element of a new crime
committed as an adult, requiring proof beyond a reasonable doubt.
There are serious constitutional issues surrounding using a juvenile's delinquent adjudication
as a prior conviction, or 'predicate offense' for purposes of establishing an element of a new
crime when the juvenile becomes an adult. As was questioned in the House floor debate, how
would a prosecutor be able to use confidential records from the juvenile proceeding to prove
the element of the 'predicate offense' in the adult proceeding beyond a reasonable doubt?
Would 16 and 17 year olds now be entitled to a trial by jury for any of the qualifying
offenses, notwithstanding the fact that Louisiana law specifically precludes access to a jury
trial for these children adjudicated in juvenile court? Would they be advised, for that matter,
that the juvenile adjudication can be used as an element of a crime they may commit as an
adult? These are just some of the many questions that could not be answered in House floor
debate. When coupled with the constitutional issues, these unanswered questions
demonstrate the many reasons why this bill should not become law."