HLS 11RS-967 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2011
HOUSE BILL NO. 305
BY REPRESENTATIVE LIGI
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/PROCEDURE: Provides for the reduction of a defendant's sentence for
substantial assistance in an investigation
AN ACT1
To enact Code of Criminal Procedure Article 881.6, relative to sentencing; to provide for the2
reduction of a sentence when the defendant assists in an investigation or prosecution;3
to provide for definitions; to provide for time periods; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Criminal Procedure Article 881.6 is hereby enacted to read as7
follows: 8
Art. 881.6. Reducing a sentence for substantial assistance9
A. Upon motion of the state made within one year of sentencing, the court10
may reduce the defendant's sentence if, after sentencing, the defendant provided11
substantial assistance in furtherance of the investigation or prosecution of another12
person.13
B. Upon motion of the state made more than one year after sentencing, the14
court may reduce a sentence if the defendant's substantial assistance involved any of15
the following:16
(1) Information not known to the defendant until one year or more after17
sentencing.18 HLS 11RS-967 ORIGINAL
HB NO. 305
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) Information provided by the defendant to the state within one year of1
sentencing, but which did not become useful to the state until more than one year2
after sentencing.3
(3) Information, the usefulness of which could not reasonably have been4
anticipated by the defendant until more than one year after sentencing, and which5
was promptly provided to the state after its usefulness was reasonably apparent to the6
defendant.7
C. In evaluating whether the defendant has provided substantial assistance8
pursuant to the provisions of this Article, the court may consider the defendant's9
presentence assistance in furtherance of the investigation or prosecution.10
D. The court may reduce the sentence as provided by the provisions of this11
Article to a time period which is less than the minimum sentence provided by law.12
E. For purposes of this Article, "sentencing" means the oral announcement13
of the sentence.14
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)]
Ligi HB No. 305
Abstract: Provides for the reduction of a criminal sentence for substantial assistance by the
defendant in furtherance of the investigation or prosecution of another person.
Proposed law authorizes courts to reduce a defendant's sentence if the defendant provided
substantial assistance in investigating or prosecuting another person.
Proposed law provides that the court may reduce the sentence to a time period which is less
than the minimum sentence provided by law.
Proposed law defines "sentencing" as the oral announcement of the sentence.
(Adds C.Cr.P. Art. 881.6)