HLS 10RS-304 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1063
BY REPRESENTATIVE LEGER
JUVENILE PROCEDURE: Provides with respect to parole eligibility for certain juvenile
offenders
AN ACT1
To enact Children's Code Article 857(D), relative to parole eligibility; to provide for parole2
eligibility of certain juveniles upon reaching thirty-one years of age; and to provide3
for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Children's Code Article 857(D) is hereby enacted to read as follows: 6
Art. 857. Transfers for criminal prosecution; authority7
* * *8
D. Notwithstanding any other provision of law to the contrary, a child who9
has been transferred pursuant to this Article or Article 305 and who has subsequently10
been convicted of an offense committed at the time the child was fifteen or sixteen11
years of age shall be eligible for parole consideration upon reaching the age of thirty-12
one years, unless eligible for parole consideration at an earlier date. This provision13
shall only apply to offenses occurring on or after July 1, 2010.14
Section 2. This Act shall become effective on July 1, 2010; if vetoed by the governor15
and subsequently approved by the legislature, this Act shall become effective July 1, 2010,16
or on the day following such approval, whichever is later.17 HLS 10RS-304 ORIGINAL
HB NO. 1063
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Leger HB No. 1063
Abstract: Provides for parole eligibility for certain juvenile offenders upon reaching 31
years of age.
Present law provides for the transfer of juveniles who are accused of certain crimes for
prosecution in the appropriate court exercising criminal jurisdiction.
Present law (Ch.C. Art. 857) authorizes courts to conduct a hearing to determine whether a
child who is 14 years of age or older and who is charged with a certain crime may be
transferred to adult court for criminal prosecution.
Present law (Ch.C. Art. 305) provides for the automatic transfer of a child, who is 15 years
of age or older, from juvenile court to criminal court for the prosecution of certain crimes
once an indictment is returned or a continued custody hearing is held and probable cause is
found.
Present law provides that a 14-year-old child tried and convicted in adult court shall not be
confined beyond his 31
st
birthday.
Present law does not provide for parole eligibility for a child who is 15 or 16 years of age
at the time of the commission of the offense and who is tried and convicted in adult court.
Present law, for purposes of delinquency, defines "child" as any person under the age of 21,
including an emancipated minor, who commits a delinquent act before attaining the age of
17. (Ch.C. Art. 804)
Proposed law provides that a 15-or 16-year-old who has been tried and convicted of certain
crimes following a transfer to adult court by the provisions of present law shall become
eligible for parole consideration upon reaching his 31
st
birthday.
Proposed law shall have prospective application only and shall apply only to offenses
occurring on or after July 1, 2010.
Effective July 1, 2010.
(Adds Ch.C. Art. 857(D))