SLS 12RS-239 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 66
BY SENATOR MORRELL
CRIME/PUNISHMENT. Increases the mandatory sentence for distribution of heroin. (gov
sig)
AN ACT1
To amend and reenact R.S. 40:966(B)(1) and to enact R.S. 40:966(B)(4), relative to the2
Uniform Controlled Dangerous Substances Law; to increase penalties for certain3
violations involving heroin; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 40:966(B)(1) is hereby amended and reenacted and R.S.6
40:966(B)(4) is hereby enacted to read as follows:7
ยง966. Penalty for distribution or possession with intent to distribute narcotic drugs8
listed in Schedule I; possession of marijuana, possession of synthetic9
cannabinoids10
* * *11
B. Penalties for violation of Subsection A of this Section. Any person who12
violates Subsection A of this Section with respect to:13
(1) A substance classified in Schedule I which is a narcotic drug (all14
substances in Schedule I preceded by an asterisk "*"), except heroin as provided15
for in Paragraph (4) of this Subsection, upon conviction shall be sentenced to16
imprisonment for not less than five nor more than fifty years at hard labor at least17 SB NO. 66
SLS 12RS-239 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
five years of which shall be served without benefit of probation, or suspension of1
sentence, and may, in addition, be required to pay a fine of not more than fifty2
thousand dollars.3
* * *4
(4) A substance classified in Schedule I which is the narcotic drug heroin,5
upon conviction shall be sentenced to imprisonment for not less than ten nor6
more than fifty years at hard labor, at least ten years of which shall be served7
without benefit of parole, probation, or suspension of sentence, and may, in8
addition, be required to pay a fine of not more than one hundred thousand9
dollars.10
* * *11
Section 2. This Act shall become effective upon signature by the governor or, if not12
signed by the governor, upon expiration of the time for bills to become law without signature13
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14
vetoed by the governor and subsequently approved by the legislature, this Act shall become15
effective on the day following such approval.16
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present law provides that the penalty for distribution or possession with intent to distribute
any Schedule I narcotic drug (including heroin) is imprisonment at hard labor for not less
than five years nor more than 50 years, with at least five years served without benefit of
parole, probation, or suspension of sentence, and a possible fine of up to $50,000.
Proposed law provides that the penalty for distribution or possession with intent to distribute
the Schedule I narcotic drug heroin is imprisonment at hard labor for not less than 10 nor
more than 50 years, with at least 10 years served without benefit of parole, probation, or
suspension of sentence, and a possible fine of up to $100,000.
Proposed law otherwise retains present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:966(B)(1); adds R.S. 40:966(B)(4))