Recent Developments in Louisiana Criminal Law – 2016
There were several 2016 new criminal laws enacted by the Louisiana Legislature in 2016. This entry discusses some of those laws.
Concealed Handgun Permits – Act 212 amended La. R.S. 40:1379.3, Statewide permits for concealed handguns; application procedures; definitions, to state that certain persons who have been pardoned by the Governor are not be considered ineligible from obtaining a concealed handgun permit. A person is still ineligible from obtaining a concealed handgun permit are the pardon expressly provided that he may not ship, transport, possess, or receive firearms. Act 212 also provides that a person whose record has been expunged may be eligible for an expungement if ten years have passed since the completion of the person’s probation, parole, or suspended sentence. However, Act 212 does not apply to a conviction for a crime of violence even if that conviction has been expunged.
Reentry Courts – Act 421 allows any minimum mandatory sentence to now be made discretionary defendant successfully completes the reentry program. That is, Act 421 allows the sentence to be imposed without the benefit of probation, parole, or suspension of sentence unless the crime before the court is the use or possession of a firearm or other dangerous weapon while committing or attempting to commit a crime of violence pursuant to the provisions of R.S. 14:95(E). La. R.S. 14:95 addresses the illegal carrying of weapons in Louisiana.
Domestic Violence and Cruelty to Juveniles Cases – Act 399 allows the district attorney in a criminal prosecution for domestic violence or cruelty to juveniles to introduce evidence of similar crimes, wrongs, or acts of the defendant for any relevant purpose. This act created a new article in the Louisiana Code of Evidence, Article 412.4.
Louisiana Rape Shield Law – Act 357 extended the Louisiana Rape Shield Law to civil cases and also prevents any evidence of the victim’s clothing in rape and sexual assault cases from being admitted to show that the victim consented to the offense or encouraged it. The rape shield statute, Article 412 of the Louisiana Code of Evidence, is designed to protect the victims of a rape or sexual assault during criminal or civil proceedings. In other words, the defendant cannot usually introduce evidence of the victims’ past sexual acts or behavior, history, or reputation.
Asking a Job Applicant About Criminal History – Act 398 prohibits a state employer ,when filling a position, from inquiring on an initial application form, about a prospective employee’s criminal history until after the prospective employee has been given an opportunity to interview for the position or, if no such interview is to be conducted, until after the prospective employee has been given a conditional offer of employment. This act created La. R.S. 42:1701.
This information has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorney in connection with any specific situation under federal and/or Louisiana law and the applicable state or local laws that may impose additional obligations on you and/or your family member. © 2016 Gaynell Williams LLC Attorney at Law. Published August 27, 2016.