Louisiana 2025 Regular Session

Louisiana House Bill HCR35

Introduced
5/5/25  
Refer
5/6/25  
Report Pass
5/28/25  
Engrossed
6/2/25  

Caption

Requests the La. State Law Institute to conduct a review of "Duncan misdemeanors" that are located throughout the La. Revised Statutes

Impact

The proposed review is targeted at aligning Louisiana's misdemeanor laws with the principles set out in the Duncan decision. It is intended to clarify the rights of defendants and streamline the judicial process for misdemeanor offenses. This review could lead to significant changes in how penalties are structured and enforced, potentially impacting district attorneys, judges, and defendants across the state. By examining these misdemeanors, the bill seeks to enhance the fairness and efficacy of the legal system within Louisiana.

Summary

House Concurrent Resolution 35 (HCR35) urges the Louisiana State Law Institute to review the classification and handling of specific misdemeanors known as 'Duncan misdemeanors'. These misdemeanors are distinguished by their penalties and the requirement for jury trials based on a U.S. Supreme Court decision that altered misdemeanor trial procedures in Louisiana. HCR35 highlights the need for a comprehensive assessment of more than 120 such offenses scattered throughout the Louisiana Revised Statutes. This resolution aims to ensure that defendants facing potential penalties that exceed the defined limits receive fair trial protections under the law.

Sentiment

The sentiment surrounding HCR35 appears to be generally supportive among legislators, given its unanimous vote of 37-0 in the Senate. There is a recognition of the importance of adapting state laws to uphold judicial fairness and due process. Stakeholders are likely to welcome a review that could clarify legal standards and improve trial procedures, although detailed concerns from various legal practitioners on how extensive reforms may alter current practices remain a point of discussion.

Contention

While there seems to be broad agreement on the need for reform, there may be contention regarding the specific recommendations that arise from the Louisiana State Law Institute's review. Discussions about altering long-standing laws can face resistance based on differing views on criminal justice priorities or the implications for local law enforcement practices. Thus, the review's findings may spark debates, particularly over how changes to misdemeanor statutes could affect community safety, local governance, and the workload of the public defense system.

Companion Bills

No companion bills found.

Previously Filed As

LA HCR85

Directs the La. State Law Institute to conduct a study of the criminal statutes relating to white-collar crimes, financial crimes, and crimes involving elected officials

LA HCR79

Requests the La. State Law Institute to study and provide recommendations relative to minimum and maximum sentencing ranges

LA HR191

Requests the La. State Law Institute to study the feasibility of statewide bail schedules

LA HCR28

Requests the La. State Law Institute to study procedures for establishing child support and paternity for minor parents

LA HCR118

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

LA HCR65

Requests a study of the current system of reporting deaths in correctional institutions

LA HCR142

Urges and requests the Department of Transportation and Development to study the implementation of an annual review process requiring an annual training and review of state laws and federal regulations by commercial vehicle companies

LA HCR5

Requests that the Board of Regents conduct a study relative to the state's articulation and transfer process with respect to career and technical education courses

LA HCR80

Directs the La. State Law Institute to study the Private Works Act

LA HR69

Requests the La. State Law Institute to study bidding procedures for tax sale property

Similar Bills

LA HB604

Provides relative to expungement of records (RR1 INCREASE GF EX See Note)

LA HB842

Provides relative to the appointment of adult misdemeanor probation officers and their duties

LA HB286

Provides relative to expungements for certain amounts of possession of marijuana (EN DECREASE GF RV See Note)

LA HB774

Provides relative to expungements for certain amounts of possession of marijuana (RE NO IMPACT See Note)

LA HB343

Provides relative to the adoption of national standards for criminal adjudications (OR +$10,281,792 SG EX See Note)

LA HB406

Provides relative to the presence of the defendant in misdemeanor prosecutions

LA HB55

Revises provisions of law regarding expungement (EN SEE FISC NOTE RV See Note)

LA HB214

Provides relative to revocation of probation (EN INCREASE GF EX See Note)