HLS 10RS-157 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. 109
BY REPRESENTATIVE LEGER
CRIMINAL/SENTENCING: Removes convictions for possession of controlled dangerous
substances as prior offenses for purposes of the habitual offender law
AN ACT1
To amend and reenact R.S. 15:529.1(A)(1)(b)(ii) and (c)(ii) and to enact R.S.2
15:529.1(A)(3), relative to the habitual offender law; to prohibit a conviction for3
possession of a controlled dangerous substance from being eligible for increased4
penalties pursuant to the habitual offender law; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 15:529.1(A)(1)(b)(ii) and (c)(ii) are hereby amended and reenacted7
and R.S. 15:529.1(A)(3) is hereby enacted to read as follows:8
ยง529.1. Sentences for second and subsequent offenses; certificate of warden or clerk9
of court in the state of Louisiana as evidence10
A.(1) Any person who, after having been convicted within this state of a11
felony or adjudicated a delinquent under Title VIII of the Louisiana Children's Code12
for the commission of a felony-grade violation of either the Louisiana Controlled13
Dangerous Substances Law involving the manufacture, distribution, or possession14
with intent to distribute a controlled dangerous substance or a crime of violence as15
listed in Paragraph (2) of this Subsection, or who, after having been convicted under16
the laws of any other state or of the United States, or any foreign government of a17
crime which, if committed in this state would be a felony, thereafter commits any18
subsequent felony within this state, upon conviction of said felony, shall be punished19
as follows:20
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HB NO. 109
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(b) If the third felony is such that upon a first conviction, the offender would1
be punishable by imprisonment for any term less than his natural life then:2
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(ii) If the third felony and the two prior felonies are felonies defined as a4
crime of violence under R.S. 14:2(B), a sex offense as defined in R.S. 15:540 et seq.5
when the victim is under the age of eighteen at the time of commission of the6
offense, or as a violation of the Uniform Controlled Dangerous Substances Law7
punishable by imprisonment for ten years or more, involving the manufacture,8
distribution, or possession with intent to distribute a controlled dangerous substance,9
or any other crimes punishable by imprisonment for twelve years or more, or any10
combination of such crimes, the person shall be imprisoned for the remainder of his11
natural life, without benefit of parole, probation, or suspension of sentence.12
(c) If the fourth or subsequent felony is such that, upon a first conviction the13
offender would be punishable by imprisonment for any term less than his natural life14
then:15
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(ii) If the fourth felony and two of the prior felonies are felonies defined as17
a crime of violence under R.S. 14:2(B), a sex offense as defined in R.S. 15:540 et18
seq. when the victim is under the age of eighteen at the time of commission of the19
offense, or as a violation of the Uniform Controlled Dangerous Substances Law20
punishable by imprisonment for ten years or more, involving the manufacture,21
distribution, or possession with intent to distribute a controlled dangerous substance,22
or of any other crime punishable by imprisonment for twelve years or more, or any23
combination of such crimes, the person shall be imprisoned for the remainder of his24
natural life, without benefit of parole, probation, or suspension of sentence.25
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(3) Notwithstanding any other provision of law to the contrary, a conviction27
of a felony violation of the Uniform Controlled Dangerous Substances Law28
involving possession as defined in R.S. 40:966(C), 967(C), 968(C), 969(C), or29 HLS 10RS-157 ORIGINAL
HB NO. 109
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
970(C) shall not be counted as a second, third, fourth, or subsequent offense for the1
purposes of this Section.2
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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. 109
Abstract: Removes convictions for possession of controlled dangerous substances from
being considered as prior offenses for the purposes of the habitual offender law.
Present law provides that habitual offenders may be subject to increased penalties for
second, third, fourth, and subsequent felony offenses.
Present law provides that violations of the Uniform Controlled Dangerous Substances Law
which are punishable by 10 years imprisonment or more are eligible for consideration as
prior offenses for the purposes of the habitual offender law.
Proposed law changes present law and removes convictions for possession of controlled
dangerous substances from being counted as prior offenses for the purposes of the habitual
offender law.
(Amends R.S. 15:529.1(A)(1)(b)(ii) and (c)(ii); Adds R.S. 15:529.1(A)(3))