2022 Regular Session ENROLLED
SENATE RESOLUTION NO. 145
BY SENATOR BARROW
A RESOLUTION
To create and provide for the Task Force on Expert Testimony for Justification Defense.
WHEREAS, the Legislature of Louisiana has committed to preventing the wrongful
conviction of survivors of domestic violence, intimate partner violence, and sexual violence;
and
WHEREAS, society and the legal system have historically lagged in understanding
the dynamics of domestic violence; and
WHEREAS, instead, there is a stereotype perpetuated against these victims that they
must fight back in order to be a "victim" under the law; and
WHEREAS, the Louisiana Supreme Court, in State v. Curley, exonerated a woman
on defense counsel's failure to investigate and present expert testimony of "battered woman's
syndrome"; and
WHEREAS, survivors of domestic and intimate partner violence, childhood trauma,
sexual violence, and human trafficking are often criminalized and incarcerated for acting in
self-defense, for protecting their loved ones, and for actions they take under the coercion of
an abuser; and
WHEREAS, there are survivors wrongfully incarcerated in Louisiana prisons whose
arrests, prosecutions, and convictions were based upon stereotypes about survivors and
outdated and discredited ideas about intimate partner violence; and
WHEREAS, research from Operation Restoration shows that Louisiana has the
seventh highest incarceration rate for women in the world at 198 per 100,000, while the
average in the United States as a whole is lower, at 127 per 100,000; and
WHEREAS, changes in sentencing of domestic violence survivors in Louisiana
would help restore humanity and justice to survivors of trauma and abuse who act to protect
themselves and their loved ones, and would bring long-overdue relief to survivors who have
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been incarcerated for many years; and
WHEREAS, the findings of the Survivor Informed Task Force created by Senate
Concurrent Resolution No. 45 of the 2021 Regular Session of the Legislature confirmed the
need for presentation of facts and availability of a defense for criminalized survivors in the
criminal justice system; and
WHEREAS, Senate Bill No. 251 of this 2022 Regular Session of the Legislature
produced informative conversations and a political will to take further action towards
codifying legal defenses for survivors of violence and abuse who are prosecuted for crimes
when they act under duress or coercion; and
WHEREAS, Louisiana laws do not take into account the dynamics of intimate
partner violence where an abuser coerces a victim to participate in criminal activity after
long-term abuse and manipulation; and
WHEREAS, survivors are then left without a meaningful choice whether to
participate in the criminal activity, but the appropriate defense is also unavailable to them;
and
WHEREAS, the Survivor Informed Task Force, a multi-disciplinary organization,
issued a report, but did not fully explore how to enact laws to allow victims to present a
sufficient defense in criminal cases.
THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
does hereby establish and provide for the Task Force on Expert Testimony for Justification
Defense to study the admissibility of expert testimony relative to a victim-defendant whose
actions were the result of intimate partner violence, sexual violence, human trafficking, or
domestic violence, and to propose recommendations, together with specific proposals for
legislation.
BE IT FURTHER RESOLVED that the task force should include in its study
consideration of introduction of expert testimony by a defendant who is also a victim of
intimate partner violence, human trafficking, domestic violence, or sexual violence.
BE IT FURTHER RESOLVED that the task force shall consist of the following
members:
(1) The senator for Senate District 15, who shall serve as chairperson of the task
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force.
(2) The executive director of the Louisiana District Attorneys Association, or his
designee.
(3) The state public defender, or his designee.
(4) A representative of the Louisiana Association of Criminal Defense Lawyers,
appointed by the president of the board of directors.
(5) A representative of Sexual Trauma Awareness and Response, designated by the
president of the organization.
(6) A representative of Voice of the Experienced (V.O.T.E.), appointed by the
executive director.
(7) A representative of the Promise of Justice Initiative, designated by the president
of the board of directors.
(8) A member from the Justice and Accountability Center of Louisiana, appointed
by the board of directors.
(9) A representative of the judicial community, appointed by the chief justice of the
Louisiana Supreme Court.
(10) A representative of the Louisiana Foundation Against Sexual Assault, appointed
by the president of the board of directors.
(11) A representative of Operation Restoration, appointed by the executive director.
(12) A representative of the Human Trafficking Prevention Commission Advisory
Board.
(13) A representative of TentMakers of Louisiana, appointed by the director.
BE IT FURTHER RESOLVED that each designating authority shall submit the
names of designees to the task force to the chairperson, no later than July 1, 2022.
BE IT FURTHER RESOLVED the task force shall convene for its first meeting no
later than September 1, 2022, at the call of the chairperson, and at the first meeting, the
members shall elect other officers as the task force may deem appropriate.
BE IT FURTHER RESOLVED that a majority of the task force shall constitute a
quorum for the transaction of business, and all official actions of the task force shall require
the affirmative vote of a majority of the members.
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BE IT FURTHER RESOLVED that the members of the task force shall serve
without compensation, except per diem or expenses reimbursement to which they may be
individually entitled as members of their constituent organizations.
BE IT FURTHER RESOLVED that the task force shall receive staff support from
one or more of the entities from which the task force membership is designated or appointed,
at the discretion of the task force members.
BE IT FURTHER RESOLVED that the task force shall make a written report of its
findings and recommendations, together with any specific proposals for legislation, to the
Senate, and the to the David R. Poynter Legislative Research Library as required by R.S.
24:771 and 772, no later than March 15, 2023.
BE IT FURTHER RESOLVED that the task force shall terminate on the date of the
submission of its report or March 15, 2023, whichever occurs first.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
Louisiana District Attorneys Association, the State Public Defender Board, the Louisiana
Association of Criminal Defense Lawyers, Sexual Trauma Awareness and Response, Voice
of the Experienced, the Promise of Justice Initiative, the Justice and Accountability Center
of Louisiana, the Louisiana Supreme Court, Louisiana Foundation Against Sexual Assault,
Operation Restoration, and the Human Trafficking Prevention Commission Advisory Board.
PRESIDENT OF THE SENATE
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