Louisiana Special Criminal Justice Session Bills Passed

Senate Bills

Senate Bill 7 by Senator Edmonds (Act 9) requires ignition interlock for first offense DWI for at least six months of any probation, or the entire time that the driver's license is suspended. For a second offense, the court will require that the offender not operate a motor vehicle during the period of probation without an ignition interlock and it must remain on the vehicle for the entire four-year period of the suspension of the driver's license. When a person has a blood alcohol level of 0.08% or above, driving privileges will be suspended for 180 days from the date of suspension on a first offense, up from 90 days.

Senate Bill 8 by Senator Reese (sent to governor) creates the office of the state public defender in place of the La. Public Defender Board, and transfers the authority to deliver public defender services from the board to the office of the state public defender.

Senate Bill 9 by Senator Mizell (Act 3) allows the prosecution of any sex crime to be initiated outside of the current time limitations when the identity of a suspect is established using newly discovered photographic or video evidence. A prosecution for a sex crime initiated outside of the existing time limitation must commence within three years of when the identity of the suspect is established using newly discovered photographic or video evidence. This law tracks existing law

relative to extending time limitations based on new DNA evidence.

Senate Bill 10 by Senator Cathey (sent to governor) provides that an offender convicted in the death of a victim killed in the line of duty will earn "good time" at a rate of one day for every 30 days in custody, instead of the standard rate of 13 days for every seven days in actual custody.

House Bills

House Bill 1 by Representative Bacala (sent to governor) creates the Truth and Transparency in the La. Criminal Justice System Program and requires public electronic access to all minute entries, or summaries, involving all matters in criminal court for any case filed on or after January 1, 2020, by transmission to the online portal maintained by the La. Clerks' Remote Access Authority. The clerks of court must also transmit to the online portal all minute entries involving cases of juveniles accused of committing a crime of violence. Records and reports in juvenile delinquency cases involving a crime of violence or a delinquent act which is a second or subsequent felony-grade adjudication must also be made available to the public.

House Bill 2 by Representative Bacala (sent to governor) prohibits civil claims against peace officers based upon the conduct or actions of the officer in performance of any discretionary function within the course and scope of his law enforcement duties. The act essentially codifies the judicially created doctrine of qualified immunity.

House Bill 3 by Representative Butler (Act 4) provides relative to eligibility and requirements for participation in drug or specialty court programs, requiring that drug testing to determine the presence of any controlled dangerous substance must occur within 24 hours of booking. Persons testing positive for the presence of one or more substances will be clinically screened to determine whether the person suffers from a substance use disorder and is suitable for a drug or specialty court program. The costs incurred for the mandatory drug testing and screening are deemed an approved purpose for the use of opioid funds. Records are confidential and cannot be disclosed without the consent of the defendant to any person who is not connected with the treatment, counsel for the defendant, or the court.

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