2024 Special Crime Session Ends
In a significant stride towards enhancing law enforcement and public safety, the 2024 special crime session of the Louisiana Legislature has concluded, with several pivotal bills passed. The legislative committee, dedicated to representing the interests of rank-and-file law enforcement officers across Louisiana, has been at the forefront, ensuring that the laws enacted bolster the safety and efficiency of their operations. Key measures include revisions to juvenile sentencing, adjustments in parole procedures, enhanced penalties for crimes against peace officers, and stricter regulations on drug offenses. These legislative changes are set to profoundly impact law enforcement practices, reflecting a comprehensive approach to tackling crime and supporting the law enforcement community in Louisiana.
Below you can find a summary of the legislation passed.
House Bill No. 1 establishes the Truth and Transparency in the Louisiana Criminal Justice System Program, aimed at enhancing public access to criminal justice records. The legislation mandates the public electronic access to all minute entries or summaries for cases filed from January 1, 2020, onwards. It specifies the types of information to be included in minute entries and ensures immunity from suit for compliance-related actions. This initiative is designed to promote transparency and informed decision-making within Louisiana's criminal justice system, with full implementation and reporting requirements set for 2024.
House Bill No. 2 provides immunity from civil liability to peace officers and certain public entities for actions performed within the scope of their duties, except in cases of criminal, fraudulent, or intentional misconduct. This legislation aims to protect officers and entities from lawsuits arising from their discretionary functions, while still holding them accountable for actions outside of their lawful duties.
House Bill No. 3 aims to implement mandatory drug testing and screening for individuals arrested for certain offenses, promoting assessment for participation in drug and specialty court programs for nonviolent offenders. It introduces confidentiality protocols for testing records, outlines funding for drug court administration, and seeks to enhance rehabilitation efforts through structured drug treatment programs, with provisions effective from July 1, 2024.
House Bill No. 5 designates the illegal use of weapons or dangerous instrumentalities as a crime of violence. This amendment aims to address the severity of offenses involving weapons by including them explicitly in the definition of crimes of violence, ensuring stricter penalties and emphasizing the serious nature of these offenses in the legal system.
House Bill No. 6 revises methods and confidentiality protocols for the execution of death sentences in Louisiana. It outlines execution methods, including lethal injection and electrocution, and emphasizes the confidentiality of individuals and entities involved in executions. The bill also establishes legal protections against the disclosure of sensitive information related to execution procedures, aiming to balance transparency with privacy and security concerns within the execution process, effective from July 1, 2024.
House Bill No. 7 enhances penalties for carjacking, setting minimum imprisonment at hard labor for five years, up from two, with a maximum of twenty years without parole, probation, or sentence suspension. If serious bodily injury occurs, the minimum increases to twenty years, up from ten, with a maximum of thirty years, emphasizing stricter consequences for this crime.
House Bill No. 8 enacts stringent measures against the unlawful distribution of fentanyl, particularly targeting scenarios where the substance's appeal to minors is enhanced by its shape, color, taste, or packaging design. Violators face severe penalties, including imprisonment for 25 to 99 years without the possibility of probation, parole, or suspended sentences. The legislation defines "fentanyl" broadly to include various analogues and carfentanil, aiming to curb the distribution of this dangerous substance in forms that might attract minors.
House Bill No. 9 revises parole eligibility criteria, maintaining existing provisions while introducing a new law (R.S. 15:574.22) that restricts parole eligibility for offenses committed on or after August 1, 2024, except under specific conditions outlined in existing law sections. This aims to adjust parole considerations in line with current legal standards and conditions.
House Bill No. 10 revises good time credit rules for offenders, restricting eligibility and adjusting the earning of credits for those convicted after August 1, 2024. It aims to standardize the process, eliminating earned compliance credits for probation or parole, and sets specific program participation as a path for earning additional credits, with the Department of Public Safety and Corrections overseeing these determinations.
House Bill No. 11 amends various provisions related to probation and parole, focusing on technical violations and administrative sanctions. It adjusts probation times, outlines procedures for addressing probation or parole violations, and modifies revocation processes. The bill emphasizes structured responses to violations, aiming to streamline the management of offenders under supervision while maintaining public safety. Its provisions apply only to offenses committed on or after August 1, 2024.
House Bill No. 23 revises procedures for challenging the constitutionality of state law, specifying requirements for civil actions alleging unconstitutionality. It mandates written pleadings, involvement of the attorney general, and introduces articles to guide the process and effects of judgments on state law. This legislation aims to streamline and clarify the process for constitutional challenges, ensuring the state's interests are adequately represented and protected.
Senate Bill No. 1 modifies laws on the illegal carrying of weapons, allowing law-abiding residents aged eighteen and older, who are not otherwise prohibited, to carry concealed weapons without a permit. It specifies conditions under which individuals can carry concealed handguns and introduces provisions for carrying in certain locations. This act emphasizes the right to carry for certain age groups and service members, aiming to adjust regulations in line with contemporary views on self-defense and gun ownership rights.
Senate Bill No. 2 focuses on limiting the liability for individuals authorized to carry concealed handguns. It stipulates that these individuals will not be held liable for damages resulting from the justified use of force in self-defense situations. Exceptions include acts of gross negligence or intentional misconduct. The law aims to protect lawful gun carriers from legal repercussions in self-defense scenarios, effective July 4, 2024.
Senate Bill No. 3 amends the Children's Code to redefine "child" in the context of delinquency proceedings and juvenile court jurisdiction, adjusting the age for certain provisions. It specifies the age of a "child" for delinquency acts before seventeen years of age and adjusts jurisdictional ages up to twenty-one for different periods and circumstances, effective April 19, 2024. This bill aims to clarify legal definitions and procedures for juveniles involved in the justice system.
Senate Bill No. 4, reenacted to amend juvenile sentencing laws, mandates secure confinement for juveniles aged 14 or older convicted of certain felony-grade delinquent acts, such as first degree rape or aggravated kidnapping, until they turn 21. It prohibits probation or sentence suspension and outlines eligibility for sentence modification post-adjudication based on behavior, educational achievements, and risk assessments. This legislation, effective July 1, 2024, emphasizes rehabilitation within a secure environment while ensuring public safety through stringent oversight of juvenile offenders' reintegration efforts.
Senate Bill No. 5 amends and reenacts laws related to parole, focusing on parole procedures, requirements for parole decisions, victim and law enforcement notifications, and conditions under which parole can be granted, revoked, or reconsidered. It emphasizes stricter conditions for parole eligibility, including the absence of major disciplinary offenses, completion of specific rehabilitative programs, and a low-risk assessment. The bill also extends notification periods for parole hearings and strengthens the rights of victims and law enforcement to be informed and involved in parole decisions. Effective from August 1, 2024, it aims to ensure a more structured and transparent parole process.
Senate Bill No. 7 updates DWI penalties, requiring ignition interlock devices post-conviction, adjusting license suspension durations for elevated blood alcohol levels, and specifying eligibility for restricted licenses. It aims to enhance road safety by ensuring offenders have interlock devices, reflecting stricter controls on those convicted of operating vehicles under the influence. Effective July 1, 2024, it applies to offenses committed on or after this date, emphasizing prevention and accountability in DWI incidents.
Senate Bill No. 8 aims to restructure public defender services in Louisiana by creating the Office of State Public Defender, transferring authority from the Louisiana Public Defender Board. This change is designed to improve the delivery and quality of public defender services across the state, ensuring consistent standards and guidelines. The bill also introduces the Louisiana Public Defender Oversight Board to oversee operations, emphasizing accountability, efficiency, and enhanced legal representation for indigent defendants.
Senate Bill No. 9 introduces amendments to extend the time limitations for prosecuting certain sex offenses. The law now includes cases where the identity of the offender is established through newly discovered photographic or video evidence, in addition to DNA testing. Prosecutions under this provision must commence within three years from the date the suspect's identity is confirmed by these means. This law aims to enhance the ability to prosecute sex crimes with the advent of new evidence, ensuring justice can be pursued even beyond traditional time limits.
Senate Bill No. 10 modifies the criteria for earning "good time" for prisoners, specifically reducing the rate at which good time is earned by offenders convicted for the death of a peace officer or first responder. The new rate is set at one day for every thirty days in custody, differing from previous provisions. This change aims to tighten the consequences for those convicted of particularly serious offenses against law enforcement and emergency responders, with the legislation effective upon the governor's signature or after a certain period post-legislature approval.
