HLS 12RS-680 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
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Regular Session, 2012
HOUSE BILL NO. 318
BY REPRESENTATIVE KATRINA JACKSON
CRIMINAL/SENTENCING: Amends penalty provisions for certain crimes of violence
AN ACT1
To amend and reenact R.S. 15:574.4(B), relative to parole eligibility; to amend provisions2
of law regarding parole eligibility for certain crimes of violence; and to provide for3
related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 15:574.4(B) is hereby amended and reenacted to read as follows: 6
ยง574.4. Parole; eligibility7
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B.(1) No person shall be eligible for parole consideration who has been9
convicted of armed robbery and denied parole eligibility under the provisions of R.S.10
14:64.11
(2) No prisoner serving a life sentence shall be eligible for parole12
consideration until his life sentence has been commuted to a fixed term of years.13
(3) No prisoner sentenced as a serial sexual offender shall be eligible for14
parole.15
(4) No prisoner may be paroled while there is pending against him any16
indictment or information for any crime suspected of having been committed by him17
while a prisoner.18
(5) Notwithstanding any other provisions of law to the contrary, a person19
convicted of a crime of violence one of the following enumerated crimes of violence20 HLS 12RS-680 ORIGINAL
HB NO. 318
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in this Paragraph and not otherwise ineligible for parole shall serve at least eighty-1
five percent of the sentence imposed, before being eligible for parole: first degree2
murder, second degree murder, aggravated rape, forcible rape, simple rape, sexual3
battery, second degree sexual battery, intentional exposure to AIDS virus, aggravated4
kidnapping, second degree kidnapping, aggravated arson, armed robbery, carjacking,5
armed robbery use of firearm additional penalty, second degree robbery, disarming6
a peace officer, trafficking of children for sexual purposes, human trafficking, and7
home invasion.8
(6) Notwithstanding any other provisions of law to the contrary, a person9
convicted of a crime of violence as defined in R.S. 14:2(B) which is not enumerated10
in Paragraph (5) of this Subsection, and not otherwise ineligible for parole shall serve11
at least seventy percent of the sentence imposed before being eligible for parole.12
(7) The victim or victim's family shall be notified whenever the offender is13
to be released provided that the victim or victim's family has completed a Louisiana14
victim notice and registration form as provided in R.S. 46:1841 et seq., or has15
otherwise provided contact information and has indicated to the Department of16
Public Safety and Corrections, Crime Victims Services Bureau, that they desire such17
notification.18
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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)]
Katrina Jackson HB No. 318
Abstract: Amends parole eligibility for certain crimes of violence.
Present law provides for the following listing of crimes designated as crimes of violence:
solicitation for murder, first degree murder, second degree murder, manslaughter, aggravated
battery, second degree battery, aggravated assault, mingling harmful substances, aggravated
rape, forcible rape, simple rape, sexual battery, aggravated sexual battery, intentional
exposure to AIDS virus, aggravated kidnapping, second degree kidnapping, simple
kidnapping, aggravated arson, aggravated criminal damage to property, aggravated burglary,
armed robbery, first degree robbery, simple robbery, purse snatching, extortion, assault by
drive-by shooting, aggravated crime against nature, carjacking, illegal use of weapons or
dangerous instrumentalities, aggravated second degree battery, aggravated assault upon a HLS 12RS-680 ORIGINAL
HB NO. 318
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peace officer with a firearm, aggravated assault with a firearm, armed robbery, use of
firearm, aggravated robbery, disarming of a peace officer, stalking, second degree cruelty
to juveniles, aggravated flight from an officer, terrorism, battery of a correctional facility
employee, battery of a police officer, and aggravated incest.
Present law provides that a person convicted of a crime of violence and not otherwise
ineligible for parole shall serve at least 85% of the sentence imposed before being eligible
for parole.
Proposed law retains that provision of present law with respect to first degree murder,
second degree murder, aggravated rape, forcible rape, simple rape, sexual battery, second
degree sexual battery, intentional exposure to AIDS virus, aggravated kidnapping, second
degree kidnapping, aggravated arson, armed robbery, carjacking, armed robbery use of
firearm additional penalty, second degree robbery, disarming a peace officer, trafficking of
children for sexual purposes, human trafficking, and home invasion.
Proposed law provides that a person convicted of all other crimes of violence and not
otherwise ineligible for parole shall serve at least 75% of the sentence imposed before being
eligible for parole.
(Amends R.S. 15:574.4(B))