ENROLLED
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ACT No. 349
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.
AN ACT1
To enact Code of Criminal Procedure Article 881.6 and 881.7, relative to sentencing; to2
provide for the reduction of a sentence when the defendant assists in an investigation3
or prosecution; to provide for definitions; to provide for time periods; to provide for4
memorandums of understanding; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Criminal Procedure Article 881.6 and 881.7 are hereby enacted7
to read as follows: 8
Art. 881.6. Reducing a sentence for substantial assistance9
A. Upon motion of the state, the sentencing court may reduce the10
defendant's sentence if, after sentencing, the defendant provided substantial11
assistance in furtherance of 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 sentencing court may consider the14
defendant's presentence or postsentence assistance in furtherance of the investigation15
or prosecution.16
C. If the sentencing court makes a determination to reduce the sentence to17
a time period which is less than the minimum sentence provided by law, that18
sentence shall not be imposed without the consent of the district attorney.19
D. For purposes of this Article, "sentencing" means the oral announcement20
of the sentence.21 ENROLLEDHB NO. 305
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Art. 881.7. Memorandum of understanding; limits on reduction of sentence for1
substantial assistance by a defendant2
A. Prior to any defendant receiving a reduction of sentence pursuant to Code3
of Criminal Procedure Article 881.6, the prosecuting attorney shall enter into a4
memorandum of understanding with the defendant. Such memorandum of5
understanding shall be in writing.6
B. The memorandum of understanding shall be signed by the following:7
(1) The prosecuting attorney or his designee.8
(2) The defendant.9
(3) The tutor or legal guardian of the defendant, if the defendant is a minor.10
(4) The attorney representing the defendant, if the defendant is represented11
by counsel.12
C. The memorandum of understanding shall not be considered a grant of13
immunity from criminal prosecution.14
D. The memorandum of understanding shall include the entirety of the15
agreement between the state and the defendant and shall include the following16
information:17
(1) A statement that the state may move for the defendant to receive a18
reduction of sentence in return for the defendant providing substantial assistance in19
furtherance of the investigation or prosecution of another person.20
(2) A statement that the sentencing court shall examine information provided21
by the state in determining the nature and extent of the assistance provided by the22
defendant and the reduction of sentence.23
(3) A statement that the sentencing court shall not be permitted to reduce the24
defendant's sentence to a time period which is less than the minimum sentence25
provided by law without the consent of the district attorney.26
(4) A statement that the memorandum of understanding constitutes the27
entirety of the agreement between the state and the defendant and that the district28
attorney shall not recommend a reduction of the defendant's sentence for assistance29 ENROLLEDHB NO. 305
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not described in the memorandum of understanding nor to any greater extent than1
that which is described in the memorandum of understanding.2
(5) A statement that the sentencing court may choose not to grant the motion3
for reduction of sentence or accept any sentencing recommendation made by the4
state.5
E. The memorandum of understanding shall detail the responsibilities agreed6
to by the defendant relating to any substantial assistance provided by the defendant7
in the furtherance of an investigation or prosecution of another person and any8
possible reduction of sentence, including but not limited to the following:9
(1) A requirement that the defendant provide complete and truthful10
information to all law enforcement officials related to all relevant investigations.11
(2) A statement of the substance of the proposed testimony of the witness.12
F. The memorandum of understanding shall detail the responsibilities agreed13
to by the state relating to the reduction of sentence, including but not limited to the14
following:15
(1) The circumstances under which the state will move for a reduction of16
sentence pursuant to Code of Criminal Procedure Article 881.6, including the nature17
and level of assistance the defendant is required to provide before the state will move18
for such reduction of sentence.19
(2) The range of the sentencing recommendation that the state agrees to20
make to the sentencing court in a motion for reduction of sentence and that the21
district attorney shall make no other recommendation than that which is described22
in the memorandum of understanding.23
(3) The reduction of sentence the state will recommend for each particular24
instance of assistance or form of assistance when the defendant provides assistance25
in more than one investigation or prosecution.26
(4) The circumstances in which the district attorney shall consent to a27
reduction of sentence to a time period that is less than the minimum sentence28
provided by law.29 ENROLLEDHB NO. 305
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G. When the defendant meets his obligation as described in the memorandum1
of understanding, the state shall move for a reduction of sentence in accordance with2
the memorandum of understanding. The memorandum of understanding shall be3
filed into the criminal record.4
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: