Posts Tagged ‘Legislation’

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Drug Testing for Welfare Recipients Moves to Senate Floor

June 9th, 2010 | Posted in Drugs, Legislation by bloom | No Comments »

The senate committee on Judiciary C has approved House Bill 617 narrowly by a 4-3 vote due to Senator Elbert Guillory (D-Opelousas) crossing party lines. The bill would mandate that 20 percent of all recipients of welfare from the Family Independence Temporary Assistance Fund be drug tested. Additionally, it would require for all persons receiving federal funds from FITAP to sign consent forms allowing for this screening. The bill, already approved by the House, now moves to the Senate floor for approval later in the week.

The bill’s sponsor, State Rep. John Abruzzo (R- Metairie), argued that the purpose of the bill is to get welfare users, especially single women, off of drugs and move them towards reentering society. “The goal is to support families and not someone’s drug habit,” argued Abruzzo.

The bill received some opposition as well. Sen. Ann Duplessis (D- New Orleans) argued vehemently against the bill claiming that the framework is already in place. Currently, the State Department of Social Services tests close to 15 percent of applicant after their initial screening. “The bill doesn’t put a program in place,” Duplessis contended. “The program is already in place.”

Furthermore, many opponents of HB 617 believe that the bill will be found unconstitutional as it most likely qualifies as an unreasonable search and seizure, thus violating the rights of the recipients of federal funding.

Miranda & You: Speak Up After Recent Supreme Court Ruling!

June 1st, 2010 | Posted in Legislation, National Issues, Sports by bloom | No Comments »

On June 1st, the Supreme Court of the United States drastically
limited the Miranda rights of those detained by the police in Berghuis
v. Thompkins, 08-1470. In a 5-4 decision, the Court ruled that an
individual must verbally invoke his or her right to remain silent.
Remaining silent no longer invokes the Miranda right and the police
may continue to interrogate a detainee until that person verbally
states their intention to remain silent. Newly appointed Justice
Sotomayor dissented in a strongly worded opinion that criticized the
Court’s ruling because it provides for a suspect to waive his or her
Miranda rights, without showing or stating this intention, by
remaining silent and not speaking.

Going forward, the public should be aware that if they are detained
and interrogated by police, they must verbally invoke their right to
remain silent, as well as their right to an attorney.

If you or someone you know has been arrested, call Bloom Legal for a
free consultation at 504-599-9997.

Smoking Ban Bill Falls in House Committee

June 1st, 2010 | Posted in Legislation, National Issues by bloom | No Comments »

The Health and Welfare committee voted 8-4 Wednesday May 26th to involuntarily defer Senate Bill 348, better known as the Louisiana Smoke Free Air Act. The committee in the past has been a place where bills to restrict behavior in private businesses go to die. This most recent move likely strikes down the bill for this year’s legislative session.

Senate Bill 348 was largely undermined by casino and alcohol lobbyists who claimed that the state and local governments would lose significant revenues from alcohol sales due to a slowdown in patronage at bars and casinos. Furthermore, they also argued that it would cause a rash of layoffs in the service industry. Finally, they argued that it should be the bar or casino’s decision of whether to ban smoking indoors. They claimed that several have chosen to do so and have been successful but that it should still be the businesses’ choice.

State Senator Rob Marionneaux, D- Grosse Tate, the bill’s sponsor, argued against the financial disputes brought forth by the lobbyists. He was distressed by the lack of health statistics brought forth in the committee meeting.

In conclusion, Marionneaux stated: “If the state of North Carolina, which relies in large part on tobacco, can pass a smoking ban in bars, for Christ’s sake we can do it here in Louisiana.”

Cyberbullying Bill Altered

May 25th, 2010 | Posted in Internet/Technology, Legislation by bloom | No Comments »

The Senate Committeee on Judiciary C sent a message to adults who bully children on the Internet when they advanced House Bill 1259 today that offers greater punishment for adults that bully children on the world wide web. The bill was proposed by State Representative Roy Burrell (D- Shreveport), who said the intent of his bill was to limit behavior that can lead to suicide in young adults. In other states, most recently Massachusetts, bullying and harassment on sites such as Facebook are being linked to the suicides of young adults.

House Bill 1259 would make it a crime to “coerce, abuse, torment, intimidate, frighten, harass, embarrass, or cause emotional distress” to anyone 17 years and younger through the Internet or any other electronic communication.

On March 18th, the bill was adjusted to take care of two problems brought to attention by members of the senate committee. The first concern, brought forward by State Sen. Ann Duplessis (D- New Orleans), regarded the punishment for adults. Originally six months in jail for a first offense, Duplessis was concerned that this would create a legal loophole to avoid harsher penalties included in the cyberstalking law already in the book. Instead, the bill was amended to include a penalty of up to one year in prison and a maximum of a $2,000 fine. Second, State Senator Conrad Appel called for a malicious intent clause to be placed in the bill to avoid unnecessary charges on innocent children.

After the amendments were included, the Committee voted 4-1 to send the bill to the Senate floor.

Legislative Bill Fails To Tighten Belts

May 17th, 2010 | Posted in Legislation by bloom | No Comments »

The House Committee on the Administration of Criminal Justice involuntarily deferred House Bill 103 last week. The rejected bill would have criminalized exposing undergarments and the “cleft of the buttocks.” The legislation wanted to target teenagers who often wear loose fitting pants that expose the boxer shorts they are wearing.

Bill 103 was rejected though due to fears that the bill would be applied to everyone and that it could affect tourism and business in the state. State Representative Barbara Norton (D- Shreveport) also stated that she did not want to return to her constituencies having focused on underwear rather than serious problems facing the state such as health care, education and jobs. She also argued that this should be a matter of parental decision-making not law enforcement.

Rickey Hardy (D-Lafayette), the bill’s sponsor, sees the matter in a significantly more serious light, stating that he is “disgusted” at the sight of people’s underwear in public. Furthermore, Hardy claimed that he believed that this style of dress was gang related and could be a danger to the public.

Ultimately, the Committee sided with the logic of State Rep. Charmaine Stiaes (D-New Orleans), who stated, “It’s an expression of a generation. Generations come and go. Styles come and go.”

New Arizona Immigration Law Spark Ire

April 28th, 2010 | Posted in National Issues by bloom | No Comments »

The Arizona Legislature has recently enacted a law, which calls for police departments to ask its residents for proof of their immigration status, including even demanding identification. While liberals and conservatives agree that illegal immigration has gotten out of control in Arizona with a suspected 460,000 illegal workers in a state of 6.6 million people, they certainly disagree on the solutions to the problem.

Conservatives argue that the state of Arizona is simply taking over the position of the federal government, the entity charged with enforcing immigration, in their own state. This is largely in response to the federal government’s lack of action on their borders, which are now believed to be the most porous on the country’s southern border with Mexico.

However, liberals see this action as problematic. First, many people fear that this law will cause a great deal of racial profiling to be done against Hispanic-Americans in the state as most illegal immigrants in Arizona are of Hispanic descent. Governor Jan Brewer hopes to avoid that becoming an issue by developing a training program for police departments to use that flushes out what is “reasonable suspicion,” the standard that must be met in order for police to question individuals on their immigration status. Many still believe though that this law is xenophobic and will cause more problems in law enforcement than it assists. Namely that, illegal immigrants will be less likely to come forward with evidence of or information on a crime if they fear being punished by police.

The penalty for those not able to produce documentation is up to six months in jail and a fine of up to $2500.

Bills in Legislature to Affect Prison Time and Parole

April 28th, 2010 | Posted in Legislation, National Issues by bloom | 1 Comment »

The Louisiana House of Representatives’ Criminal Justice Committee approved a group of bills that will help make it easier for nonviolent criminals to get out of jail earlier. The proposal of bills will now proceed to the full House, which has voted down similar proposals in the past.

House Bills 35, 64, 190, 194, 195, 918 and 947 can be found at www.state.legis.la.us.

House Bill 35, proposed by Patricia Smith (D- Baton Rouge), calls for the parole eligibility of inmates over 60 years of age who have served over 10 years in prison. They would only be considered, however, if they did not commit a crime of violence or a sexual offense. Furthermore, they would have to meet the following conditions. First, they could not have committed a disciplinary offense in the last twelve months. Second, they must have completed a mandatory minimum of one hundred hours of pre-release programming. Third, the inmate must finish a substance abuse program if applicable. Fourth, the prisoner must complete his GED or be deemed incapable of doing so. Finally, he must carry a low-risk level designation.

House Bill 64, proposed by Smith also, calls for the removal of the authority of the parole board entirely. This would mean that all terms set down by judges would be served in their entirety. Some states such as Florida practice this.

House Bill 190, again proposed by Smith, mandates that parole board members meet certain qualifications to serve. These include a bachelor’s in criminal justice or a behavioral science and/or 5 or more years of experience and training in a similar field of work.

House Bill 194, proposed by Smith, offers a change in the accumulation of “good time” a prisoner can gain while in prison. What she proposes is that a nonviolent criminal receive a 30-day credit of “good time” for every 30 days that an inmate either performs his work or self-improvement activities, or both. Violent criminals would accumulate “good time” credit at a rate of 10 days of “good time” per 30 days of work or self-improvement.

House Bill 195, proposed by Fred H. Mills Jr., calls for a shift in the majority needed to receive approval from the parole board. Rather than complete unanimity, a prospective parolee could receive parole if he met all of the conditions previously listed in House Bill 35 and received a majority of the votes on the parole board.

House Bill 918, proposed by Smith, offers that non-violent criminals be given reduced sentences if they chose to attend rehabilitation programs

Finally, House Bill 947, proposed by Cederic Richmond, provides the foundation for the Board of Pardons and its relation to the Governor’s mansion.

Product Recalls – Do You Have a Defective Product in Your Home?

March 25th, 2008 | Posted in National Issues, Personal Injury by bloom | No Comments »

clock.jpgUnfortunately, there are so many product recalls that it’s impossible to know whether or not everything you own – the car you drive, the toys the kids play with, the kitchen appliances you use, the food you eat – is safe.  

 Use common sense, and if you’ve got any concern whatsoever, check out the product over at recalls.gov.  Never use any product that you’re not 100% sure is safe. 

You can search for product recalls in:

  • consumer products
  • food, medicine, cosmetics
  • motor vehicles, car seats
  • environmental products
  • meat and poultry products
  • boats and boating safety

Really interested in recalls?  Sign up for emails notifying you of future recalls from the Consumer Products Safety Commission, the Food & Drug Administration, and the U.S. Department of Agriculture.   

Remember, time is not on your side in a defective products claim ….

If you or a loved one has been harmed by a defective product — do not wait to get legal advice.  The law has specific deadlines, and if you miss the deadline even the worthiest claim will be time-barred. 

Don’t procrastinate!

Crime in New Orleans – The Feb 2008 Crime Resolution

March 19th, 2008 | Posted in Local Issues, NOPD by bloom | No Comments »

nolacourthouse.jpgLast month, the latest crime statistics for 2007 were released by the NOLA Police, and the national media jumped right on it. 

Seems the stats showed a 25% jump in violent crime over the past year. 

Lotsa Bank Robberies

New Orleans CityBusiness reports on a wave of bank robberies in the local area — 6 banks have been robbed in less than two weeks (February 27 – March 11),  and we’ve already had 14 bank robberies this year, already past the halfway number of last year’s total (26). 

Here’s the skinny on the bank robberies — banks just don’t carry cash like they used to do, back in the Bonnie and Clyde days: most of these guys leave with a few thousand dollars at best …. Those armored car robberies, well, that’s another story. 

Steady Rate in Homicides

NOLA.COM and the Times-Picayne are tracking all New Orleans murders as they move through the criminal justice system.  Just go to the map, click on the little red dot, and read the details of the case, beginning with the date of the homicide, its location, and the name of the victim.  They’ve done this for 2007 and 2008. 

Surfing through their map entries, you find that so far this year, a lot of young men have died from gunshot wounds.  This appears to go with the reports of increased gang activity, as well as illegal drug traffic in the local area.

For 2008 Homicide Tracking:
http://blog.nola.com/murders2007/2008/03/2008_homicide_map.html

Big Increase in Armed Robberies, Rapes, and Assaults

According to the stats released last month by the NOLA Police, armed robberies were up 25%, rapes 30%, and assaults 33%.  Lots of violent crime increases here.

The February 21, 2008 Resolution

Last month, the City Council passed a resolution that asks judges in the Traffic and Municipal Courts to issue standing orders allowing police officers to forego the prior requirement of making custodial arrests in response to an attachment for a minor traffic offense or other non-violent misdemeanor.  (Each of these arrests takes cops off the streets for 1-2 hours, while the offender isn’t seen as a violent threat to the community at large.) 

Instead, the police officer would issue a summons, requiring the offender to appear in court on a certain date and time.  If he fails to obey the summons, then he would be arrested. (Getting a second bite at the apple in some cases.)

Under the terms of the resolution, police would be freed to pursue those involved in offenses of violence, illegal weapons, and driving under the influence. 

With this resolution, the City Council hopes to free lots of police department time and money toward the fight against serious crime in the New Orleans area.   (Crime Commission stats show that half of the arrests made last year were for municipal or traffic offenses.) The courts and the state legislature have to agree. 

It’s good news for those pulled over for traffic violations: they will be able to heave a big sigh of relief that they aren’t going to be cuffed and hauled downtown — at least until these Big Crime Statistics get hammered down.  

Word to the wise:  get a summons, call your lawyer.  Don’t ignore any allegation that you’ve violated the law, no matter how small.  Don’t let this Resolution give you the idea that a nonviolent offense can be ignored in NOLA … that’s just asking for trouble. 

For More Information:

USA Today, 02/06/08 Article
http://www.usatoday.com/news/nation/2008-02-06-NOcrime_N.htm

NOLA.COM 02/2008 Articles
http://www.nola.com/news/index.ssf/2008/02/raw_stats show_rise_in_violent.html

http://www.nola.com/news/index.ssf/2008/02/council_action_aims_for_fewer.html

New Orleans City Council Resolution R0890
www.nocitycouncil.com/newsletter/2008Feb/
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Dr Phil, Britney Spears, Dr Drew, and Patient Privacy Law

January 9th, 2008 | Posted in Celebrity Justice, National Issues by bloom | No Comments »

The story is still unfolding on Dr. Phil’s entry into the Britney Spears storyline, as TMZ is reporting today that Britney’s parents, Jamie and Lynn Spears, appeared via their family representative on NBC’s Today show to refute that anyone gave Dr. Phil the authority to say anything about Britney, and that they declined an invitation that Dr. Phil made to them for a segment on his show about Britney Spears.

Meanwhile, there are also reports that tests from Cedars-Sinai Hospital have been leaked to the press, showing that Britney tested clean for both alcohol and drugs during her recent forced stay at their facility.

So, what about PRIVACY laws here?  Even celebrities have civil rights.  What about patient privacy? Continue Reading »

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