Requires that time served by a habitual offender be served at hard labor. (8/15/10)
Impact
The implementation of SB374 is likely to have substantial effects on state laws related to sentencing and the treatment of habitual offenders. By enforcing hard labor sentences, this bill alters the landscape of punishment for repeat offenders in Louisiana, potentially leading to longer incarceration periods without the option for reduced sentences through probation. This change is expected to resonate primarily within the criminal justice system, influencing how cases involving habitual offenders are prosecuted and adjudicated.
Summary
Senate Bill 374, proposed by Senator Morrell, amends existing legislation regarding the sentencing of habitual offenders in Louisiana. This bill mandates that anyone sentenced under the habitual offender law must serve their time at hard labor, eliminating the possibility of probation or suspension of the sentence. The primary aim of SB374 is to impose stricter penalties on repeat offenders, reflecting a tough-on-crime approach within the state's legal framework.
Sentiment
The sentiment surrounding SB374 appears to fluctuate between support for stricter crime laws and concern about the implications of harsh sentencing. Proponents argue that it is a necessary step to deter crime and hold repeat offenders accountable, thereby increasing public safety. Conversely, critics may highlight the risks of such rigid sentencing in exacerbating overcrowding in prisons and the challenges associated with rehabilitation for those sentenced to hard labor.
Contention
Key points of contention regarding SB374 will likely center around the efficacy of hard labor sentences as a deterrent compared to alternative rehabilitation methods. Opponents might argue that such measures do not address the root causes of crime and can lead to significant social and economic challenges for offenders upon their release. Additionally, questions may arise regarding the fairness of sentencing practices and how they disproportionately affect certain populations within the state.
Provides relative to penalties for certain second felony sex offenses and for registration and certain employment prohibitions for sex offenders. (gov sig)
Removes convictions for possession of controlled dangerous substances as prior offenses for purposes of the habitual offender law (OR DECREASE GF EX See Note)