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HCR 35

CRIME/MISDEMEANOR: Requests the La. State Law Institute to conduct a review of "Duncan misdemeanors" that are located throughout the La. Revised Statutes

2025 Regular Session Introduced by Debbie Villio

Directs the Louisiana State Law Institute to inventory, analyze, and recommend reforms for Duncan misdemeanors across the Revised Statutes, with reports to the Legislature.

Taken by the Clerk of the House and presented to the Secretary of State in accordance with the Rules of the House.
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Bill Summary · HCR 35

Summary — HCR 35 (concurrent resolution)

Status: Introduced Dec. 2, 2024. Taken by the Clerk of the House and presented to the Secretary of State. Classification: Concurrent resolution.

Main purpose / intent

HCR 35 requests that the Louisiana State Law Institute (LSLI) conduct a comprehensive review of the misdemeanor provisions identified as “Duncan misdemeanors” that are scattered throughout the Louisiana Revised Statutes. The resolution’s apparent aim is to have the LSLI inventory, analyze, and recommend statutory reforms to clarify, consolidate, or otherwise address issues arising from those misdemeanor provisions.

(Note: the full bill text was not provided. This summary is based on the title and bill description supplied. If you supply the resolution text I will incorporate specific directives, deadlines, and scope language.)

Key provisions (as indicated by the title)

  • Directs the Louisiana State Law Institute to undertake a statutory review focusing on misdemeanors described as “Duncan misdemeanors” located in the Louisiana Revised Statutes.
  • Implies the LSLI should prepare findings and recommendations for legislative consideration; such recommendations typically include model statutory language, proposals to consolidate or repeal duplicative provisions, and suggested amendments to penalties, definitions, or procedural provisions.
  • Does not itself change criminal law or penalties (concurrent resolutions request study/action rather than enact substantive statutory changes).

Likely scope and tasks (typical for this type of resolution)

  • Compile an inventory of offenses labeled or characterized as “Duncan misdemeanors” across the Revised Statutes.
  • Identify inconsistencies, redundancies, obsolete language, or cross-reference errors.
  • Assess legal and practical consequences (e.g., sentencing ranges, classification issues, impacts on arrest/prosecution, collateral consequences, and jury/trial rights if related to the Duncan doctrine).
  • Draft recommended statutory revisions or model language for the Legislature to consider in future bills.

Who would be affected

  • Louisiana State Law Institute — tasked with performing the review.
  • Legislature — will receive any report and may sponsor follow-up statutory changes based on recommendations.
  • Criminal justice stakeholders — judges, prosecutors, public defenders, law enforcement, and defendants may be affected indirectly if recommendations lead to statutory amendments that change offense classifications, penalties, or procedure.
  • The public — potential downstream effects on case processing, sentencing consistency, and legal clarity.

Procedural / timeline aspects

  • As a concurrent resolution, HCR 35 does not itself amend the Revised Statutes; it requests a study/report.
  • The resolution would typically direct the LSLI to report findings to the Legislature by a specified date; that deadline (if any) was not contained in the materials provided.
  • Any statutory changes would require separate enabling legislation in a subsequent session.

Potential impact

  • Improved statutory clarity and consistency for misdemeanor offenses.
  • Identification of duplicative or obsolete misdemeanor provisions and proposals to modernize or harmonize the criminal code.
  • Foundation for future legislative amendments that could affect classification, penalties, or procedures for affected offenses.

If you can provide the full text of HCR 35 (the resolution language), I will update this summary to include the exact duties assigned to the LSLI, any deadlines, and the specific deliverables requested.

Compiled from official sources — confirm details with the bill’s official record.

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