HLS 11RS-967 ENGROSSED
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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, the court may reduce the defendant's sentence10
if, after sentencing, the defendant provided substantial assistance in furtherance of11
the investigation or prosecution of another person.12
B. In evaluating whether the defendant has provided substantial assistance13
pursuant to the provisions of this Article, the court may consider the defendant's14
presentence or postsentence assistance in furtherance of the investigation or15
prosecution.16
C. The court may reduce the sentence as provided by the provisions of this17
Article to a time period which is less than the minimum sentence provided by law,18
but in no event shall the defendant be resentenced to a time period less than that19
recommended by the district attorney.20 HLS 11RS-967 ENGROSSED
HB NO. 305
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
D. For purposes of this Article, "sentencing" means the oral announcement1
of the sentence.2
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, but in no event shall the defendant be
resentenced to a time period less than that recommended by the district attorney.
Proposed law defines "sentencing" as the oral announcement of the sentence.
(Adds C.Cr.P. Art. 881.6)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Removed all references in proposed law to the time period within which the
motion shall be made.
2. Deleted provision which provided for special procedures when a motion was
made more than one year after sentencing.
3. Authorized the court to consider postsentence assistance when evaluating
whether a defendant has provided substantial assistance.
4. Added provision which states that in no event shall the defendant be resentenced
for a time period less than that recommended by the district attorney.