BATON ROUGE — A substitute bill that would create protections for incarcerated survivors of domestic violence advanced in a Senate Judiciary committee meeting on Tuesday, but faced opposition from advocates arguing the new version would not be as effective as the bill originally proposed.

Senate Bill 91, authored by Sen. Beth Mizell, R-Franklinton, would create protections and sentencing options for defendants who are survivors of domestic abuse. The bill was amended into a substitute bill during the committee meeting, altering the bill from the exact one that was killed in last year's legislative session, Mizell said.

"We arrived at two action items that we felt would be passable and would frankly open the door to acknowledgment that these victims deserve reconsideration for sentencing while they were being victimized," Mizell said. "With that in mind, up front, there is a lot of people unhappy about this."

If passed, the bill would create earlier eligibility for clemency or pardon for survivors of domestic abuse or sex trafficking who are serving time for crimes connected to their abuse. The bill also would create procedures for judges to impose lighter sentences.

The current version of the bill is a step away from the original one that created a system for judges to use when they deliberate about reducing initial sentencing and resentencing for incarcerated survivors. Instead of required sentencing reductions by the judges, the substitute bill would put the responsibility of determining clemency on the state Board of Pardons.

Instead of a judge being required to hand down a sentence reconsideration based on provided evidence, as proposed in the original bill, the new bill would require those incarcerated to apply to the board and proceed for clemency through the normal hearings process. If the board deems there is enough evidence to support the commutation of a sentence, a recommendation would then be sent to the governor for his signature.

The new bill was created to mirror the clemency laws of Texas and Mississippi, but advocates argue it would not go far enough, making it harder for incarcerated survivors to gain clemency.

The bill would not change the process of clemency but would reduce the waiting time to apply, allowing for immediate application rather than the standard five years.

"I really am just confused as to why the state of Louisiana cannot step up and just give survivors the chance to go before court," said Alexandra Bailey, chair of the Foundation for Judicial Discretion. "But if we can't do that, then I suppose we have to do this."

After the committee meeting, Mizell acknowledged the criticism and said the bill may be adjusted as it works it way through the Legislature. However, she doesn't expect to meet everyone's expectations, not at least this year.

"We're at an impasse of what we need to do and what we're allowed to do, and we just keep asking like good little children every year and are told no," Mizell said. "It's just trying to get a foot in the door because some acknowledgment that these are victims and they do deserve reconsideration – that's the first step."

Opponents called for immediate solutions, saying that every year a partial solution is made, the next Legislature must adjust it, leaving the survivors in jail for another year.

"Every year that passes, the women who are currently sitting in prison, who were daring to not be killed, are one year closer to dying there," said Mariah Wineski, executive director of Louisiana Coalition Against Domestic Violence.