By: RICHARD A. WEBSTER, VERITE
Juvenile crime once again took center stage at the State Capitol as a bill that would publicize the confidential court records of young people accused of crimes moved forward to the Louisiana State House.
The Administration of Criminal Justice Committee approved the proposed legislation 13-1 Wednesday, just one day after a Senate committee greenlit a bill that would lower the age teens can be tried as adults from 18 to 17.
House Bill 1 by Rep. Tony Bacala, R-Prairieville, would create a “Truth and Transparency” program to require clerks of court to provide public electronic access to some criminal court records of teenagers accused of serious crimes, including their names.
The public information would include but not be limited to the name of the defendant, arrest details, custody or bail decisions, and court dates, among other facts associated with the case.
Most youth criminal case records are currently confidential in Louisiana.
A similar bill introduced last year by Rep. Debbie Villio was dogged by accusations of racism as it proposed a two-year pilot program focusing on three majority-Black parishes: Caddo, East Baton Rouge and Orleans. Last year’s bill passed the House but ultimately died in the Senate; the bill lacked funding to enable parishes to implement the initiative. Bacala said his new bill will be funded through a fee collected by the Louisiana Clerks Remote Access Authority.
The juvenile records bill was introduced as part of a special session on crime called by Gov. Jeff Landry that started this week and will run through March 6. The newly elected governor made juvenile crime a key issue throughout his campaign and during a speech he gave Monday to open the session.
“These juveniles are not innocent children any longer; they are hardened criminals,” Landry said during his comments before the Legislature. “They violently attack our citizens, our law enforcement officers, and even our juvenile correction officers without hesitation.”
During the debate on Bacala’s bill, supporters of the measure included the mothers and grandmothers of crime victims who were fatally shot or left permanently disabled. Sheralyn Price, whose son Brandon “Boogie B” Montrell was shot to death in 2022, pushed back against those who voiced concerns about privacy.
“If your kid’s name is splattered all over the internet, you won’t have to pick out a casket. You won’t have to plan a funeral,” Price told committee members. “My child is dead. … I buried him in the last gift I gave him for Christmas, his Saints jersey.”
In 2019, Darrelle Scott, was shot and paralyzed by 13-year-old Lynell Reynolds, who was later found guilty and sentenced to remain in state custody until the age of 21. Scott’s grandmother, Dorothy White, told lawmakers that making the public aware of the extensive criminal histories of juveniles might spare someone from suffering the same fate as Scott.
“We must hold these juveniles accountable,” White said during Wednesday’s hearing. “This is not about Black and white. It’s not about Democrats and Republicans. It’s about our lives, our safety. We have to go out and tell the public. We need to put the names out. We need the faces out.”
Opponents of Bacala’s bill warned that the goal of the criminal justice system is to rehabilitate juveniles. The bill’s critics argued that publicizing the names of young defendants, especially of those later found to be innocent, will make it harder, if not impossible for them to get a job, housing, or even go to college.
“For juveniles who are adjudicated and are not convicted, that has an extremely serious impact on them in their future,” said Sarah Whittington, an attorney with the Justice and Accountability Center. “It is not the same as losing a child. It is not the same as losing a family member. I am not making that correlation. But it will follow that child forever.”
Others noted that the law already requires the courts and district attorneys to provide information to victims and their families, but in many cases they are failing to do so. Instead of passing legislation that might harm children, the state should ensure that prosecutors are following the existing law, said Natalie Sharp, an investigator with the Promise of Justice Initiative.
“I recently spoke with a person whose brother was shot and killed in the 1990s. They never even knew that an arrest had been made, let alone that someone had been incarcerated for decades,” Sharp said. “The prosecutor never took the time to speak with them.”
Despite later voting in favor of Bacala’s proposal, Rep. Alonzo Knox, D-New Orleans, said the bill would not prevent or deter crime. Knox warned that publicizing the names of youths suspected of shooting or killing someone could lead to retaliation, causing “chaos in the streets.”
“I think that’s an unintended consequence, that many of my colleagues sitting up here don’t know and realize about our community,” Knox said, referring to the majority-white committee. “And when I say our community, let me specify and be clear if there’s any doubt: in my Black community, in my district of New Orleans. When this goes out, and someone’s actually not guilty, we’re going to have some serious unintended consequences.”
Bacala defended his bill as being about one thing: transparency.
“If I have a son or daughter who’s murdered, and someone is arrested who happens to be a juvenile, should I have the ability to see what’s happening with the case?” Bacala said.
Ashley Hamilton, director of policy with the Louisiana Center for Children’s Rights, rejected Bacala’s argument, saying the public’s money would be better spent on programs helping disadvantaged children who might resort to violence.
Hamilton told the committee members she spoke from experience, noting that yesterday would have been her sister’s 31st birthday.
In 2021, Hamilton’s sister was murdered. Knowing the killer’s identity has not brought her family any comfort, Hamilton said.
“What does bring me comfort is being in a community, with organizations … working tooth and nail with limited resources to ensure disadvantaged children have the support they need to prevent things like this from happening, and to build healthy and productive adults. Any money we have, put it there.”
Rep. Joy Walters, D-Shreveport, was the lone vote against the bill.
This article originally appeared in Verite on February 22nd, 2024.
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