Louisiana 2019 Regular Session

Louisiana House Bill HCR106

Introduced
5/28/19  
Introduced
5/28/19  
Engrossed
5/28/19  
Refer
5/29/19  
Refer
5/29/19  
Report Pass
6/3/19  
Report Pass
6/3/19  
Passed
6/6/19  

Caption

Requests the La. District Attorneys Association to study and evaluate the process and procedure for automatic criminal record-clearing for certain individuals

Impact

If pursued, the study could lead to significant changes in Louisiana's approach to managing criminal records. Automatic record-clearing processes can potentially ease the path to employment and education for individuals who have demonstrated rehabilitation by remaining conviction-free. Research indicates that having a cleared record can substantially increase the likelihood of securing employment and higher wages, suggesting positive implications for both individuals and the economy at large, which suffers substantial losses due to the exclusion of those with criminal backgrounds from the workforce.

Summary

House Concurrent Resolution 106 (HCR106) urges the Louisiana District Attorneys Association, along with various legal and judicial entities, to study the feasibility of implementing automatic criminal record-clearing for individuals who have remained free from convictions for a specified period. The intent of the resolution is to evaluate a process that would alleviate obstacles associated with criminal records, which can hinder personal and professional opportunities for affected individuals. Essentially, such legislation acknowledges the importance of second chances and aims to facilitate reintegration into society for people with past convictions.

Sentiment

The sentiment around HCR106 appears to be largely supportive, as it aligns with a growing national movement towards criminal justice reform. Advocates of the measure see it as a necessary step in reducing barriers faced by individuals with criminal records. The resolution reflects a recognition that the current legal system can be burdensome and exclusive, disproportionately affecting economically disadvantaged individuals. However, discussions around the resolution may also bring to light concerns among law enforcement and victims' rights advocates about risks associated with wiping criminal records, thus presenting a more nuanced debate.

Contention

Notably, the resolution does not include provisions for certain serious crimes, paralleling approaches taken in other states like Pennsylvania, which has had similar legislation in place. This delineation could be a potential point of contention during the study evaluation, as varying opinions exist on which offenses should qualify for automatic clearing. The resolution lays the groundwork for future legislative action but may require addressing public concerns and balancing the interests of the justice system against the rights of individuals seeking a fresh start.

Companion Bills

No companion bills found.

Previously Filed As

LA HR138

Requests the Louisiana District Attorneys Association to study the procedure of the constructive surrender of a defendant and the "reasonable costs" associated therewith

LA HCSR3

Requests a study of the procedures for processing felony sentences and calculating incarceration release dates of persons in the custody of DPS&C

LA HCSR1

Requests a study of the procedures for processing felony sentences and calculating incarceration release dates of persons in the custody of DPS&C

LA HCR118

Requests the La. District Attorneys Association to study certain information relative to nonunanimous jury verdicts

LA H7526

Mandates that the clerk of the district court automatically seal individual counts of criminal complaints upon dismissal pursuant to rule 48(a) of the rules of criminal procedure for district court.

LA H5439

Mandates that the clerk of the district court, upon request of the defendant, automatically seal individual counts of criminal complaints upon dismissal pursuant to rule 48(a) of the rules of criminal procedure for district court.

LA S0910

Mandates that the clerk of the district court, upon request of the defendant, automatically seal individual counts of criminal complaints upon dismissal pursuant to rule 48(a) of the rules of criminal procedure for district court.

LA SB97

Provides for "clean slate" limited access to a person's criminal history record relative to certain misdemeanors. (1/1/20)

LA HB2028

Requiring certain records to be automatically expunged from a person's criminal record.

LA SR5

Creates the Protective Order Procedure and Records Task Force.

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