Louisiana 2024 2024 Regular Session

Louisiana Senate Bill SB467 Comm Sub / Analysis

                    The original instrument was prepared by Alan Miller. The following digest, which
does not constitute a part of the legislative instrument, was prepared by Thomas L.
Tyler.
DIGEST
SB 467 Reengrossed 2024 Regular Session	Reese
Present law authorizes the office of the state public defender (office) to enter into contracts to
provide counsel for indigent defendants.
Present law requires that district public defender programs continue operating within the method of
delivery of services in effect prior to April 30, 2007, and prohibits the office from using its power
to contract to change the structure of a local program, delivery method, or to terminate personnel
without cause in violation of present law.
Proposed law eliminates present law prohibition of the office from using its power to contract to
change the structure of a local program, delivery method, or to terminate personnel without cause
in violation of present law.
Present law requires that the office's executive staff positions be permanent, full-time employees of
the office and these employees shall not otherwise engage in the practice of law, where applicable,
or engage in any other business or profession.
Proposed law clarifies that the office's executive staff positions are state employees.
Present law prohibits employees of the office from engaging in the practice of law or any other
business or profession.
Proposed law removes the present law prohibition that the office's employees not otherwise engage
in the practice of law, where applicable, or engage in any other business or profession.
Present law requires the state public defender to develop and implement a strategic plan for delivery
of public defender services with approval of the Louisiana Public Defender Oversight Board (board).
Proposed law retains present law and further requires the state public defender to develop and
implement standards and guidelines with approval of the board.
Present law requires the state public defender to assist the board in establishing standards, guidelines,
policies and procedures for statewide delivery of indigent defender services.
Proposed law requires the state public defender to establish policies and procedures for statewide
delivery of indigent defender services.
Proposed law requires that offices of the district public defender be a local body corporate with the power to sue and be sued, to enter into contracts on such terms and conditions as it deems advisable,
and with all other general obligations and privileges of local political subdivisions.
Proposed law requires the district public defender to be the policymaker for the office of the district
public defender and to be responsible for ensuring that the office of the district public defender
satisfies its obligations and privileges under present law.
Proposed law makes conforming changes consistent with Act No. 22 of the 2024 2nd Extraordinary
Session.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 15:150(C), 152(B)(2) and (13), 161(A), (E)(11), (H)(1), and (I), 162(D) and (F),
167(E), 168(A) and (E)(3), 175(A)(1)(d) and (f), 176(C), 185.2(4) and (8), 186.2(4) and (8), and
186.3(B)(10))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Technical legislative bureau amendments