Louisiana 2024 2024 Regular Session

Louisiana House Bill HB391 Comm Sub / Analysis

                    SSHB391 4274 5017
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 391	2024 Regular Session	Boyd
PARDON/PAROLE:  Provides relative to pardons
Synopsis of Senate Amendments
1.Removes eligibility for a pardon by the governor without the necessity of
completion of sentence and without a recommendation of the Board of Pardons
for a person convicted of possessing more than 14 grams of marijuana.
Digest of Bill as Finally Passed by Senate
Proposed law provides that a person convicted of possession of marijuana,
tetrahydrocannabinol, or chemical derivatives thereof, pursuant to present law (R.S.
40:966(C)(2)(a)) shall be eligible for a pardon by the governor without the necessity of
completion of sentence and without a recommendation of the Board of Pardons.
Proposed law provides that no pardon shall be issued unless the person has paid all of the
court costs which were imposed in connection with the conviction of the crime for which the
pardon is to be issued.
Proposed law provides that the division of probation and parole of the Dept. of Public Safety
and Corrections, after confirming that the individual was convicted of a first offense of
possession of marijuana, tetrahydrocannabinol, or chemical derivatives thereof, pursuant to
present law (R.S. 40:966(C)(2)(a)) and received a pardon for that conviction, shall issue a
certificate recognizing and proclaiming that the petitioner is fully pardoned for the offense
and that he has all rights of citizenship and franchise, and the division shall transmit a copy
of the certificate to the individual and to the clerk of court in and for the parish where the
conviction occurred.
Proposed law further provides that this copy shall be filed in the record of the proceedings
in which the conviction was obtained.
Proposed law provides that once an automatic pardon is granted under the provisions of
proposed law, the individual who received such pardon shall not be entitled to receive
another automatic pardon pursuant to proposed law.
Proposed law provides that any person who receives a pardon under the provisions of present
law (Const. Art. IV, ยง5(E)(1)) and proposed law may be charged and punished as a second
or multiple offender as provided in present law (R.S. 15:529.1).
(Adds R.S. 15:572.2)
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