Louisiana House Bill HB947

Louisiana 2010 Regular Session

• Introduced: 3/29/10
• Refer: 3/29/10
• Refer: 4/21/10
• Refer: 4/22/10
• Report Pass: 4/27/10

Caption

(Constitutional Amendment) Provides relative to the authority of the Board of Pardons to grant pardons, commute sentences, grant reprieves, and remit fines

Impact

If passed, HB 947 would significantly alter Louisiana's clemency process by enhancing the role of the Board of Pardons in determining the fate of individuals convicted of offenses against the state. Currently, the governor possesses the primary authority to grant pardons, a power that would be shared with the board under this amendment. Proponents argue that this change could lead to a more compassionate and fair approach to clemency, potentially reducing recidivism by allowing for earlier release of individuals who have served their sentences and demonstrated rehabilitation.

Summary

House Bill 947 is a proposed constitutional amendment that seeks to transfer the authority to grant pardons, commute sentences, issue reprieves, and remit fines and forfeitures from the governor to the Board of Pardons, with a stipulation that the governor retains veto power over the board's decisions for a period of 20 days. This bill aims to streamline the process for granting clemency and make the action of the Board of Pardons more autonomous, while still allowing for gubernatorial oversight. The proposal states that any recommendation made by the Board of Pardons shall automatically become effective unless vetoed by the governor within the specified timeframe.

Sentiment

The sentiment surrounding HB 947 appears to be mixed. Proponents of the bill, including various advocacy groups and some legislators, argue that empowering the Board of Pardons could lead to more equitable decisions regarding clemency, particularly for non-violent offenders. On the other hand, opponents worry about the potential dilution of executive power and argue that the governor should retain significant control over pardon decisions to ensure accountability. Thus, the debate reflects broader issues of governance, judicial fairness, and the balance of power between state authorities.

Contention

Notable points of contention regarding HB 947 include concerns about who ultimately holds the responsibility for clemency decisions. Some critics express fear that delegating this authority to the Board of Pardons could lead to inconsistencies in how pardons are granted, depending on the board composition at any given time. The proposed amendment could spark discussions about the appropriateness of checks and balances in the state’s governance structure, and whether the governor’s veto power adequately safeguards against potential overreach by the Board of Pardons.