HLS 12RS-535 ORIGINAL
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 104
BY REPRESENTATIVE LEGER
CRIMINAL/HABIT OFFENDERS: Amends habitual offender provisions relative to
controlled dangerous substance violations
AN ACT1
To amend and reenact R.S. 15:529.1(A)(3)(b) and (4)(b) and to enact R.S. 15:529.1(A)(5),2
relative to the habitual offender law; to prohibit a conviction for possession of a3
controlled dangerous substance from being eligible for increased penalties pursuant4
to the habitual offender law; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 15:529.1(A)(3)(b) and (4)(b) are hereby amended and reenacted and7
R.S. 15:529.1(A)(5) is hereby enacted to read as follows: 8
ยง529.1. Sentences for second and subsequent offenses; certificate of warden or clerk9
of court in the state of Louisiana as evidence10
A. Any person who, after having been convicted within this state of a felony,11
or who, after having been convicted under the laws of any other state or of the12
United States, or any foreign government of a crime which, if committed in this state13
would be a felony, thereafter commits any subsequent felony within this state, upon14
conviction of said felony, shall be punished as follows:15
* * *16
(3) If the third felony is such that upon a first conviction, the offender would17
be punishable by imprisonment for any term less than his natural life then:18
* * *19 HLS 12RS-535 ORIGINAL
HB NO. 104
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(b) If the third felony and the two prior felonies are felonies defined as a1
crime of violence under R.S. 14:2(B), a sex offense as defined in R.S. 15:540 et seq.2
when the victim is under the age of eighteen at the time of commission of the3
offense, or as a violation of the Uniform Controlled Dangerous Substances Law4
punishable by imprisonment for ten years or more involving the manufacture,5
distribution, or possession with intent to distribute a controlled dangerous substance,6
or any other crimes punishable by imprisonment for twelve years or more, or any7
combination of such crimes, the person shall be imprisoned for the remainder of his8
natural life, without benefit of parole, probation, or suspension of sentence.9
(4) If the fourth or subsequent felony is such that, upon a first conviction the10
offender would be punishable by imprisonment for any term less than his natural life11
then:12
* * *13
(b) If the fourth felony and two of the prior felonies are felonies defined as14
a crime of violence under R.S. 14:2(B), a sex offense as defined in R.S. 15:540 et15
seq. when the victim is under the age of eighteen at the time of commission of the16
offense, or as a violation of the Uniform Controlled Dangerous Substances Law17
punishable by imprisonment for ten years or more involving the manufacture,18
distribution, or possession with intent to distribute a controlled dangerous substance,19
or of any other crime punishable by imprisonment for twelve years or more, or any20
combination of such crimes, the person shall be imprisoned for the remainder of his21
natural life, without benefit of parole, probation, or suspension of sentence.22
(5) Notwithstanding any other provision of law to the contrary, a conviction23
of a felony violation of the Uniform Controlled Dangerous Substances Law24
involving possession as defined in R.S. 40:966(C), 967(C), 968(C), 969(C), or25
970(C) shall not be counted as a second, third, fourth, or subsequent offense for the26
purposes of this Section.27
* * *28 HLS 12RS-535 ORIGINAL
HB NO. 104
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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. 104
Abstract: Removes convictions for possession of controlled dangerous substances from
being considered as prior offenses for the purposes of the habitual offender law.
Present law provides that habitual offenders may be subject to increased penalties for
second, third, fourth, and subsequent felony offenses.
Present law provides that violations of the Uniform Controlled Dangerous Substances Law
which are punishable by 10 years imprisonment or more are eligible for consideration as
prior offenses for the purposes of the habitual offender law.
Proposed law changes present law and removes convictions for possession of controlled
dangerous substances from being counted as prior offenses for the purposes of the habitual
offender law.
(Amends R.S.15:529.1(A)(3)(b) and (4)(b); Adds R.S. 15:529.1(A)(5))