Creates a commission to study and make recommendations relative to non-unanimous jury verdicts in Louisiana to determine the number and distribution of such cases, and to inform the Senate of the findings.
Impact
If enacted, SR183 will have a substantial impact on Louisiana's criminal justice system by mandating a thorough examination of non-unanimous jury verdict cases. The outcomes of these inquiries could lead the legislature to consider various legal reforms and potential retroactive applications of the unanimous verdict requirement. This could potentially open pathways for reconsidering cases where defendants were convicted under the previous non-unanimous system and address ongoing incarceration issues stemming from those convictions.
Summary
Senate Resolution No. 183 seeks to establish a commission to study non-unanimous jury verdicts within the state of Louisiana. Historically, Louisiana allowed criminal convictions based on non-unanimous jury verdicts until the 2018 constitutional amendment mandated unanimous verdicts for felony trials. However, this amendment did not apply retroactively, leaving a significant number of individuals still incarcerated under non-unanimous convictions, a situation further compounded by the U.S. Supreme Court's 2020 ruling in Ramos v. Louisiana, which found such verdicts unconstitutional. SR183 aims to investigate the scope of this issue—gathering data on the number and distribution of non-unanimous verdict cases—and inform legislative remedies based on the findings of this commission.
Sentiment
The sentiment regarding SR183 appears to reflect a desire for thorough examination and accountability within Louisiana's judicial process. Supporters likely view the establishment of the commission as a necessary step to ensure justice for those unfairly held under outdated legal practices. Conversely, there may be concerns regarding the pace of reforms, as significant time has elapsed since voters amended the constitution. This sentiment aligns with broader national discussions about criminal justice reform and the rectification of past legal injustices.
Contention
Notable points of contention surrounding SR183 may arise in the commission's discussions as it tackles the complexities of retroactivity in legal verdicts. Some legislators and advocacy groups may argue over the necessity and approach to rectifying past convictions while others might debate the implications of redefining legal standards within the criminal justice system. Further, the composition of the commission, including various legal and advocacy representatives, suggests a potential for differing opinions on the best methods for addressing the consequences of non-unanimous juries in Louisiana.
Authorizes and directs the adjutant general of the Louisiana National Guard to determine if application of the current procedures of the Uniform Code of Military Justice may result in a nonunanimous verdict and to take the necessary actions to prevent such verdicts
Recreates the Louisiana Public Defender Optimal Funding Group to study and make recommendations regarding the feasibility of establishing an optimal funding mechanism for the Louisiana Public Defender Board.
Urges the commissioner of insurance to create the Hurricane Mitigation Commission to study and report findings and recommendations relative to the handling of property insurance claims in the wake of hurricanes and the necessity of a catastrophe savings account.
Requests the Louisiana Department of Health to create a task force to study, identify, and make recommendations to address the specialist physician shortage in the state
Provides relative to system upgrades to the Louisiana Bureau of Criminal Identification and Information and the Louisiana Supreme Court Case Management Information System to the expungement process. (8/1/23) (EN INCREASE GF EX See Note)
Requests the Louisiana Department of Health to continue the task force to study, identify, and make recommendations to address the shortage of specialist physicians in this state
Requests that the Bd. of Regents and the State Bd. of Elementary and Secondary Education, with the Taylor Foundation, La. Office of Student Financial Assistance, public postsecondary education management boards, and certain others, study certain issues relative to TOPS
Requests the Louisiana Workforce Commission and the Louisiana Department of Veterans Affairs to study employment practices and professional licensing requirements to benefit veterans in the workforce
Creates a task force to study meaningful oversight of the professional healthcare licensing boards statutorily created within the Department of Health and Hospitals.