…and while we’re pretty sure it’s going to pass, it’s still worth mentioning. The bill might be the most high-profile piece of legislation with respect to the criminal justice system of this entire session.

The bill is HB 321, by Rep. Debbie Villio, and it creates the Truth and Transparency in the Louisiana Criminal Justice System Pilot Program…

Proposed law creates the Truth and Transparency in the La. Criminal Justice System Pilot Program.

Proposed law requires the clerks of court to have certain duties and obligations, including the following:

1. The clerk of court for Caddo Parish shall provide the public electronic access to all minute entries involving any and all matters in criminal court, immediately upon input, through a secured online accessible connection or portal, and shall provide electronic access to minute entries involving any and all matters in criminal court, immediately upon input, through a secured online accessible connection or portal to the Dept. of Justice.
2. The clerk of court for the Criminal District Court for the parish of Orleans shall provide the public electronic access to all minute entries involving any and all matters in criminal court, immediately upon input, through a secured online accessible connection or portal, and shall provide electronic access to minute entries involving any and all matters in criminal court, immediately upon input, through a
   secured online accessible connection or portal to the Dept. of Justice.
3. The clerk of court for East Baton Rouge Parish shall provide the public electronic access to all minute entries involving any and all matters in criminal court, immediately upon input, through a secured online accessible connection or portal, and shall provide electronic access to minute entries involving any and all matters in criminal court, immediately upon input, through a secured online accessible
   connection or portal to the Dept. of Justice.

Proposed law further requires the clerk of court for Caddo Parish, the clerk of court for the Juvenile Court or the Criminal District Court for the parish of Orleans, and the clerk of court for East Baton Rouge Parish to provide electronic access all minute entries involving any
and all matters involving juveniles accused of having committed a delinquent act as defined by present law (Ch.C. Art. 804) immediately upon input and any information regarding the proceedings, including identifying information, when any of the following is present:

1. The alleged delinquent is at least 13 years of age or older and is accused of an offense which if committed by an adult would be considered a crime of violence.
2. The alleged delinquent is at least 13 years of age or older and the delinquent act for which the juvenile is accused of is a second or subsequent felony-grade delinquent act, and the juvenile has at least one prior adjudication involving a felony-grade delinquent act.

Proposed law requires the Dept. of Justice to establish a publicly accessible website or online portal for certain records.

Proposed law provides that the term “minute entries” includes but is not limited to the following:

1. Any information available regarding arrest or summons information relative to the defendant.
2. Any custody or bail decisions.
3. The filing, amendment, or dismissal of criminal charges.
4. Hearings on all motions or status conferences held in the matter.
5. Trial or adjudication proceedings.
6. Court or jury decisions on guilt or adjudication.
7. Any sentencing hearings, including the specific sentence or sentences imposed on each count or adjudication.
8. The date of the court proceeding.
9. Identity of the judge presiding.
10. Identity of the prosecutor present.
11. Identity of the defendant.
12. Identity of defense counsel, if counsel is present.
13. Any other individuals participating in the proceedings, unless the court or existing law prohibits the disclosure of the identity of such individuals.

Proposed law provides that the clerks of court identified in proposed law and the Dept. of Justice shall be immune from suits arising from any acts or omissions related to compliance with the provisions of proposed law.

Provides that the duties and obligations of proposed law shall become effective and enforceable 30 days after the Act creating proposed law becomes effective. Further provides that proposed law shall become null, void, and without effect on July 1, 2025.

Present law (Ch.C. Art. 412) relative to confidentiality of juvenile records, provides that records and reports concerning all matters or proceedings before the juvenile court, except traffic violations, are confidential and shall not be disclosed except as expressly authorized
by present law.

Proposed law provides that 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 shall be made available to the public. Further provides that records and reports pertaining to the medical records of the juvenile, the mental health of the juvenile, social records of the juvenile, and any records related to the victim of the crime shall not be made available to the public.

So this is a bit of a change in direction from the push a few years ago to do “criminal justice reform,” something whose proponents are adamant has been a net positive despite the fact that Louisiana’s crime rate has skyrocketed since those reforms were passed. It isn’t a proven thing that those reforms were the cause; there are a lot of cultural factors (BLM and George Floyd, for example) and the increasing problem of the Ferguson Effect on police departments in the cities which can explain a lot of that increased crime.

Still, beginning to take a lot firmer hand on juveniles, when it’s known that criminal gangs will use juveniles for things like carjackings because they know they won’t be tried as adults and they’ll get out in a few years, seems like the obvious way to go. This bill is a step in that direction.

Attorney General Jeff Landry is pushing HB 321 with some vigor. Landry had an op-ed here at The Hayride on the subject a week ago…

While victims deserve rights, and effective advocates exist in pockets across our State, this legislation will enable victims to stand on their own two feet in our justice system through greater transparency – because you cannot exercise your rights unless you know what is going on. As of today, individuals are forced to do their own research, spend their own money, and track down their own court dates while also juggling uncertainty, trauma, and grief. The law promises them justice; our system offers them hell.

For example, Dr. Patrick Dennis was held at gunpoint by a juvenile. He was never notified by the District Attorney of the trial date and later learned that the gunman was released without consequences. Similarly, Mrs. Sherilyn Price testified that she had been lied to and kept in the dark about the murder of her son, comedian Boogie B. These are two stories out of thousands in which greater transparency would have been beneficial.

The law requires us to have a system for public records, but that system must also meet the needs of its users and not further victimize them. Our goal is to make this process easier, clearer, and more direct – with public access granted for free through the Louisiana Department of Justice. This data aggregation system will not be violating confidentiality or abusing sensitive records, and it will be strictly limited to information related to what is happening in court.

That is what the people of our State have requested through their feedback, and I believe that we must work with them if we are going to improve Louisiana. That means we must face some uncomfortable truths regarding our past strategies, find new ways to measure success and failure, and face the cold hard reality about what is not working and why. We need concrete, accurate, and efficient data if we are to make useful decisions rather than hope our good intentions will solve the problem.

Landry’s office also popped out a video on the bill which had a surprising inclusion toward the end…

Yes, that’s New Orleans’ Soros DA Jason Williams opining in favor of the bill on WWL Radio last week. Williams, interestingly, seems to be pressing the panic button of late over the fact that his city has descended into complete lawlessness; he even went on Fox News suggesting that a nationwide effort to fight crime be put in place. Nobody ought to give that much credibility, but one does get the impression that Williams senses some voter unrest over the runaway crime in the Big Easy.

So yes, this bill will pass on the House floor today, just as it passed 13-2 out of the House Administration of Criminal Justice Committee (the two “no” votes were Joe Marino, an independent from the West Bank of Jefferson Parish who practices as a criminal defense lawyer, and Denise Marcelle, a Democrat from Baton Rouge whose district contains a whole bunch of criminal juveniles). Will it help? If nothing else it should serve to modernize the criminal justice system a little in the places it’s most deficient.

From a political standpoint, though, this is a nice win coming for Landry, as it’ll show some political stroke in an election year.

Which leads us to the most interesting question: whether John Bel Edwards will veto the bill. We haven’t seen anything from him either way. It would be a sizable middle finger to Landry, not to mention the vast majority of voters in Louisiana who favor this bill, if he were to do that. Today’s vote might be an indication whether the House could override that veto should it come.