Louisiana 2016 Regular Session

Louisiana House Bill HB912

Introduced
3/21/16  
Introduced
3/21/16  
Refer
3/22/16  

Caption

Provides with respect to funding of representation in capital offense cases

Impact

This bill could significantly alter the financial dynamics of indigent defense services in Louisiana. By imposing an additional funding requirement on local governments, it places a new financial burden on parishes which may already struggle to balance their budgets. Proponents believe that this measure will enhance the quality of representation capital defendants receive, ensuring adequate legal defense regardless of a defendant's financial situation. However, there are concerns regarding the ability of local governments to effectively manage this requirement without compromising other essential public services.

Summary

House Bill 912 introduces a requirement for local governing authorities to fund a portion of legal representation costs for capital defendants. Specifically, the bill mandates that these authorities will cover up to thirty percent of the expenses associated with providing defense for individuals facing capital punishment. This legislative change aims to ensure that localities share the fiscal responsibility of supporting indigent defense in serious criminal cases, particularly those resulting in a death sentence.

Sentiment

The sentiment surrounding HB 912 appears mixed. Supporters, including some legal advocates and defense attorneys, argue that the bill represents a necessary step toward equitable representation in capital cases. They contend that without sufficient local funding, the quality and availability of legal defense for the most vulnerable defendants can suffer. Conversely, critics express apprehension about the potential fiscal challenges that local governments might face, fearing that the bill could lead to cuts in other essential local services, further straining small parishes with limited budgets.

Contention

Notable points of contention include the implications for smaller, less affluent parishes, whose fiscal capabilities may hinder their ability to comply with this new mandate. Critics voice concerns that local authorities might end up diverting funds from other critical public services, arguing that the state should shoulder more of the financial responsibility for indigent defense especially in capital cases. This legislation has sparked debates about the appropriate allocation of funding for legal representation and the overarching role of local governments in the criminal justice system.

Companion Bills

No companion bills found.

Previously Filed As

LA SB450

Provides relative to prosecution of and representation to indigent defendants in capital cases. (8/1/16)

LA HB809

Provides with respect to representation of indigent or absent parents

LA HB1012

Provides with respect to capital offenses

LA HB1137

Provides with respect to indigent defense

LA HB1090

Provides relative to the provision of indigent defense services to capital defendants

LA HB605

Provides relative to indigent defender services in capital cases (OR INCREASE GF EX See Note)

LA HB540

Provides with respect to the distribution of monies in the Sex Offender Registry Technology Fund

LA HB1061

Provides relative to legal representation for children and indigent parents in child protection cases

LA HB586

Creates the Office of the State Public Defender and Justice Investment and provides for the relocation of certain court-related service providers and related funding (RE SEE FISC NOTE SD EX See Note)

LA HB264

Provides with respect to sentencing of juvenile offenders sentenced to life imprisonment for certain offenses

Similar Bills

No similar bills found.