HLS 10RS-1148 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. 245
BY REPRESENTATIVE LEGER
CORRECTIONS: Provides that criminal sentences shall run concurrently unless a
consecutive sentence is ordered by the court
AN ACT1
To amend and reenact R.S. 15:574.10 and Code of Criminal Procedure Article 883, relative2
to criminal sentencing; to provide that criminal sentences shall be served3
concurrently unless a consecutive sentence is directed by the court; and to provide4
for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 15:574.10 is hereby amended and reenacted to read as follows: 7
ยง574.10. Conviction of a felony while on parole8
When a person is convicted in this state of a felony committed while on9
parole or is convicted under the laws of any other state or of the United States or any10
foreign government or country of an offense committed while on parole, and which11
if committed in this state would be a felony, his parole shall be deemed revoked as12
of the date of the commission of the felony or such offense under the laws of the13
other jurisdiction. His parole officer shall inform the sentencing judge of the fact14
that the convicted defendant is a parole violator. The term for which the defendant15
shall be imprisoned as a parole violator shall be the same as that provided in cases16
of revocation of parole for violation of the conditions of parole. The new sentence17
of imprisonment shall be served consecutively concurrently to the term of18
imprisonment for violation of parole unless a concurrent consecutive term of19
imprisonment is directed by the court. An appeal by the defendant on the new20 HLS 10RS-1148 ORIGINAL
HB NO. 245
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conviction or sentence shall not suspend the revocation provisions of this Section,1
unless the defendant has been admitted to post-conviction bail on the new sentence2
of imprisonment. In the event of a successful appeal of the new conviction or3
sentence, the state shall be liable for any loss of income sustained by the defendant4
due to such revocation of parole.5
Section 2. Code of Criminal Procedure Article 883 is hereby amended and reenacted6
to read as follows:7
Art. 883. Concurrent and consecutive sentences8
If the defendant is convicted of two or more offenses based on the same act9
or transaction, or constituting parts of a common scheme or plan, the terms of10
imprisonment shall be served concurrently unless the court expressly directs that11
some or all be served consecutively. Other sentences of imprisonment shall also be12
served consecutively concurrently unless the court expressly directs that some or all13
of them be served concurrently consecutively. In the case of the concurrent14
sentence, the judge shall specify, and the court minutes shall reflect, the date from15
which the sentences are to run concurrently.16
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. 245
Abstract: Provides that criminal sentences shall be served concurrently unless a
consecutive sentence is ordered by the sentencing court.
Present law provides for parole revocation when a person is convicted of certain offenses
committed while on parole. Further provides that the term for which the defendant shall be
imprisoned as a parole violator shall be the same as that provided in cases of revocation of
parole for violation of the conditions of parole.
Present law provides that the new sentence of imprisonment shall be served consecutively
to the term of imprisonment for violation of parole unless a concurrent term of imprisonment
is directed by the court.
Proposed law changes present law to provide that the sentence shall be served concurrently
unless a consecutive term is ordered by the court.
Present law provides that if a defendant is convicted of two or more offenses based on the
same act or transaction, or constituting parts of a common scheme or plan, the terms of HLS 10RS-1148 ORIGINAL
HB NO. 245
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
imprisonment shall be served concurrently unless the court expressly directs that some or
all be served consecutively. Other sentences of imprisonment shall be served consecutively
unless a concurrent sentence is ordered by the court.
Proposed law changes present law to provide that all criminal sentences be served
concurrently unless a consecutive sentence is ordered by the court.
(Amends R.S. 15:574.10 and C.Cr.P. Art. 883)