HLS 13RS-941 ORIGINAL
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Regular Session, 2013
HOUSE BILL NO. 319
BY REPRESENTATIVE HONORE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
JUVENILES: Provides relative to the sentencing and parole eligibility of juvenile offenders
convicted of first or second degree murder
AN ACT1
To amend and reenact R.S. 15:574.4(B)(1) and to enact Chapter 4 of Title XXX of the Code2
of Criminal Procedure to be comprised of Articles 906 through 906.5, and R.S.3
15:574.4(E), relative to sentencing of certain juvenile offenders; to provide4
procedures for sentencing juvenile offenders convicted of first or second degree5
murder; to provide for aggravating and mitigating circumstances; to provide parole6
eligibility for juvenile offenders sentenced to life imprisonment for first or second7
degree murder; to provide for conditions; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Chapter 4 of Title XXX of the Code of Criminal Procedure, comprised10
of Articles 906 through 906.5, is hereby enacted to read as follows:11
CHAPTER 4. SENTENCING OF JUVENILES CONVICTED OF MURDER12
Art. 906. Sentencing of juveniles convicted of first degree murder13
A. Notwithstanding the provisions of R.S. 14:30(C), following a verdict or14
plea of guilty of first degree murder, where the defendant was under the age of15
eighteen years at the time of the commission of the offense, a sentence of life16
imprisonment without benefit of parole may only be imposed after a sentencing17
hearing as provided in this Chapter.18 HLS 13RS-941 ORIGINAL
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B. The sentencing hearing shall commence no sooner than twelve hours after1
a conviction by trial or plea of guilty, except upon joint motion of the state and the2
offender.3
C. Notwithstanding the provisions of R.S. 14:30(C), a sentence for first4
degree murder for a defendant who was under the age of eighteen years at the time5
of the commission of the offense shall only be imposed pursuant to the provisions6
of Article 906.2 of this Code.7
Art. 906.1. Sentencing determination for juveniles convicted of first degree murder8
A. Notwithstanding the provisions of R.S. 14:30(C), a sentence of life9
imprisonment without benefit of parole for first degree murder committed by a10
defendant who was under the age of eighteen at the time of the commission of the11
offense shall only be imposed upon a unanimous determination of the jury pursuant12
to the provisions of this Article.13
B. Notwithstanding the provisions of R.S. 14:30(C), the sentence for first14
degree murder for a defendant who was under the age of eighteen years at the time15
of the commission of the offense shall only be imposed as follows:16
(1) If the jury unanimously finds, beyond a reasonable doubt, the existence17
of at least one aggravating circumstance as provided in Article 906.4 of this Code,18
but does not unanimously determine, after consideration of mitigating circumstances19
as provided in Article 906.5 of this Code, that a sentence of life imprisonment20
without the benefit of parole shall be imposed, the court shall sentence the defendant21
to life imprisonment with the benefit of parole pursuant to the provisions of R.S.22
15:574.4(E).23
(2) If the jury fails to find, beyond a reasonable doubt, the existence of at24
least one aggravating circumstance as provided in Article 906.4 of this Code, the25
court shall sentence the defendant to imprisonment at hard labor for not more than26
forty years.27
(3) If the jury unanimously finds, beyond a reasonable doubt, the existence28
of at least one aggravating circumstance as provided in Article 906.4 of this Code,29 HLS 13RS-941 ORIGINAL
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and unanimously determines, after a consideration of mitigating circumstances as1
provided in Article 906.5 of this Code, that a sentence of life imprisonment without2
the possibility of parole should be imposed upon the defendant, the defendant shall3
be sentenced pursuant to the provisions of R.S. 14:30(C).4
Art. 906.2. Sentencing of juveniles convicted of second degree murder5
A. Notwithstanding the provision of R.S. 14:30.1(B), following a verdict or6
plea of guilty of second degree murder, where the defendant was under the age of7
eighteen years at the time of the commission of the offense, the defendant shall only8
be sentenced after a sentencing hearing as provided in this Chapter.9
B. The sentencing hearing shall commence no sooner than twelve hours after10
a conviction by trial or plea of guilty, except upon joint motion of the state and the11
offender.12
C. Notwithstanding the provisions of R.S. 14:30.1(B), a sentence for second13
degree murder for a defendant who was under the age of eighteen years at the time14
of the commission of the offense shall only be imposed pursuant to the provisions15
of Article 906.3 of this Code.16
Art. 906.3. Sentencing determination for juveniles convicted of second degree17
murder18
A. Notwithstanding the provisions of R.S. 14:30.1(B), a sentence of life19
imprisonment for second degree murder committed by a defendant who was under20
the age of eighteen at the time of the commission of the offense shall only be21
imposed upon a unanimous determination of the jury pursuant to the provisions of22
this Article, and the defendant shall never be sentenced to life imprisonment without23
the benefit of parole.24
B. Notwithstanding the provisions of R.S. 14:30.1(B), the sentence for25
second degree murder for a defendant who was under the age of eighteen years at the26
time of the commission of the offense shall only be imposed as follows:27
(1) If the jury unanimously finds, beyond a reasonable doubt, the existence28
of at least one aggravating circumstance as provided in Article 906.4 of this Code,29 HLS 13RS-941 ORIGINAL
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and unanimously determines, after consideration of mitigating circumstances as1
provided in Article 906.5 of this Code, that a sentence of life imprisonment should2
be imposed, the court shall sentence the defendant to life imprisonment with the3
benefit of parole pursuant to the provisions of R.S. 15:574.4(E).4
(2) If the jury unanimously finds, beyond a reasonable doubt, the existence5
of at least one aggravating circumstance as provided in Article 906.4 of this Code,6
but does not unanimously determine, after consideration of mitigating circumstances7
as provided in Article 906.5 of this Code, that a sentence of life imprisonment should8
be imposed, the court shall sentence the defendant to imprisonment at hard labor for9
not more than forty years.10
(3) If the jury fails to find, beyond a reasonable doubt, the existence of at11
least one aggravating circumstance as provided in Article 906.4 of this Code, the12
court shall sentence the defendant to imprisonment at hard labor for not more than13
forty years.14
Art. 906.4. Aggravating circumstances15
For purposes of this Chapter, the following shall be considered aggravating16
circumstances:17
(1) The defendant was engaged in the perpetration or attempted perpetration18
of aggravated rape, aggravated kidnapping, or armed robbery.19
(2) The victim was a fireman or peace officer engaged in the performance20
of his lawful duties.21
(3) The defendant knowingly created a risk of death or great bodily harm to22
more than one person.23
(4) The defendant has previously been convicted of an unrelated murder,24
aggravated rape, aggravated kidnapping, or armed robbery.25
Art. 906.5. Mitigating circumstances26
For purposes of this Chapter, the following shall be considered mitigating27
circumstances:28
(1) The age of the defendant at the time of the offense.29 HLS 13RS-941 ORIGINAL
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(2) The defendant's physical and emotional immaturity.1
(3) The defendant's diminished intellectual capacity.2
(4) The defendant's diminished mental development.3
(5) The defendant's diminished emotional development.4
(6) The defendant's mental retardation as defined in Article 905.5.1(H) of5
this Code.6
(7) The defendant did not directly cause or specifically intend to cause the7
death of the victim.8
(8) The defendant's family background.9
(9) The defendant's inability to appreciate risks and consequences.10
(10) The defendant was under the influence of another person.11
(11) The defendant was under the influence of alcohol or drugs.12
(12) The defendant would benefit from rehabilitation.13
(13) The defendant's demonstrated maturity since the commission of the14
offense.15
(14) The defendant's demonstrated rehabilitation since the commission of the16
offense.17
(15) Any other relevant mitigating circumstance.18
Section 2. R.S. 15:574.4(E) is hereby enacted to read as follows:19
ยง574.4. Parole; eligibility20
* * *21
B.(1) No person shall be eligible for parole consideration who has been22
convicted of armed robbery and denied parole eligibility under the provisions of R.S.23
14:64. Except as provided in Paragraph (2) of this Subsection, and except as24
provided in Subsection Subsections D and E of this Section, no prisoner serving a25
life sentence shall be eligible for parole consideration until his life sentence has been26
commuted to a fixed term of years. No prisoner sentenced as a serial sexual offender27
shall be eligible for parole. No prisoner may be paroled while there is pending28
against him any indictment or information for any crime suspected of having been29 HLS 13RS-941 ORIGINAL
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committed by him while a prisoner. Notwithstanding any other provisions of law to1
the contrary, a person convicted of a crime of violence and not otherwise ineligible2
for parole shall serve at least eighty-five percent of the sentence imposed, before3
being eligible for parole. The victim or victim's family shall be notified whenever4
the offender is to be released provided that the victim or victim's family has5
completed a Louisiana victim notice and registration form as provided in R.S.6
46:1841 et seq., or has otherwise provided contact information and has indicated to7
the Department of Public Safety and Corrections, Crime Victims Services Bureau,8
that they desire such notification.9
* * *10
E.(1) Notwithstanding any provision of law to the contrary, any offender11
serving a sentence of life imprisonment for a conviction of first degree murder (R.S.12
14:30) or second degree murder (R.S. 14:30.1), who was under the age of eighteen13
years at the time of the commission of the offense, shall be eligible for parole14
consideration pursuant to the provisions of this Subsection upon serving thirty years15
of the sentence imposed and when all of the following conditions have been met:16
(a) The offender has not committed any disciplinary offenses in the twelve17
consecutive months prior to the parole eligibility date.18
(b) The offender has completed the mandatory minimum of one hundred19
hours of prerelease programming in accordance with R.S. 15:827.1.20
(c) The offender has completed substance abuse treatment as applicable.21
(d) The offender has obtained a GED certification, unless the offender has22
previously obtained a high school diploma or is deemed by a certified educator as23
being incapable of obtaining a GED certification due to a learning disability. If the24
offender is deemed incapable of obtaining a GED certification, the offender shall25
complete at least one of the following:26
(i) A literacy program.27
(ii) An adult basic education program.28
(iii) A job skills training program.29 HLS 13RS-941 ORIGINAL
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(e) The offender has obtained a low-risk level designation determined by a1
validated risk assessment instrument approved by the secretary of the Department2
of Public Safety and Corrections.3
(f) The offender has completed a reentry program to be determined by the4
Department of Public Safety and Corrections.5
(g) If the offender was convicted of aggravated rape, he shall be designated6
a sex offender and upon release shall comply with all sex offender registration and7
notification provisions as required by law.8
(2) For each offender eligible for parole consideration pursuant to the9
provisions of this Subsection, the board shall meet in a three-member panel and each10
member of the panel shall be provided with and shall consider a written evaluation11
of the offender by a person who has expertise in adolescent brain development and12
behavior and any other relevant evidence pertaining to the offender.13
(3) The panel shall render specific findings of fact in support of its decision.14
(4) The provisions of this Subsection shall not apply to an offender convicted15
of first degree murder (R.S. 14:30) who was under the age of eighteen years at the16
time of the commission of the offense and who, after a sentencing hearing pursuant17
to the provisions of Chapter 4 of Title XXX of the Code of Criminal Procedure, was18
sentenced to life imprisonment without the possibility of parole.19
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)]
Honore HB No. 319
Abstract: Provides relative to the sentencing and parole eligibility of juvenile offenders
convicted or who plead guilty to first or second degree murder.
Present law provides that any offender who commits first degree murder or second degree
murder who is under the age of 18 at the time of the commission of the offense shall be
punished by life imprisonment at hard labor without benefit of parole, probation, or
suspension of sentence.
In the case of Miller v. Alabama, 132 S.Ct. 2455 (2012), the U.S. Supreme Court held that
mandatory life imprisonment without parole for any offender under the age of 18 violates
the 8th Amendment's prohibition on cruel and unusual punishment. Although the court did HLS 13RS-941 ORIGINAL
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not prohibit a life sentence for juveniles convicted of homicide offenses, the court did
require the sentencing court to consider the offender's youth and attendant characteristics as
mitigating circumstances.
Proposed law amends present law to provide for the following:
(1)A sentence for first degree murder for any offender who was under the age of 18 at
the time of the commission of the offense shall only be imposed after a sentencing
hearing as follows:
(a)If the jury unanimously finds, beyond a reasonable doubt, the existence of at
least one aggravating circumstance, but does not unanimously determine,
after consideration of mitigating circumstances, that a sentence of life
imprisonment without the benefit of parole shall be imposed, the court shall
sentence the offender to life imprisonment with the benefit of parole pursuant
to the provisions of proposed law.
(b)If the jury fails to find, beyond a reasonable doubt, the existence of at least
one aggravating circumstance, the court shall sentence the offender to
imprisonment at hard labor for not more than 40 years.
(c)If the jury unanimously finds, beyond a reasonable doubt, the existence of at
least one aggravating circumstance and unanimously determines, after a
consideration of mitigating circumstances, that a sentence of life
imprisonment without the possibility of parole should be imposed upon the
offender, the offender shall be sentenced to life imprisonment without the
possibility of parole pursuant to the provisions of present law.
(2)A sentence for second degree murder for any offender who was under the age of 18
at the time of the commission of the offense shall only be imposed after a sentencing
hearing as follows:
(a)If the jury unanimously finds, beyond a reasonable doubt, the existence of at
least one aggravating circumstance and unanimously determines, after
consideration of mitigating circumstances, that a sentence of life
imprisonment should be imposed, the court shall sentence the offender to life
imprisonment with the benefit of parole pursuant to the provisions of
proposed law.
(b)If the jury unanimously finds, beyond a reasonable doubt, the existence of at
least one aggravating circumstance, but does not unanimously determine,
after consideration of mitigating circumstances, that a sentence of life
imprisonment should be imposed, the court shall sentence the offender to
imprisonment at hard labor for not more than 40 years.
(c)If the jury fails to find, beyond a reasonable doubt, the existence of at least
one aggravating circumstance, the court shall sentence the offender to
imprisonment at hard labor for not more than 40 years.
(3)A offender convicted of, or who pleads guilty to, second degree murder, when the
offender was under the age of 18 at the time of the commission of the offense, shall
never be sentenced to life imprisonment without the possibility of parole.
(4)The sentencing hearing provided in proposed law shall commence no sooner than 12
hours after a conviction or plea of guilty, except upon joint motion of the state and
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(5)A list of aggravating circumstances and mitigating circumstances which shall be
considered by the jury.
(6)Any offender serving a sentence of life imprisonment for a conviction of first degree
murder or second degree murder, who was under the age of 18 at the time of the
commission of the offense, shall be eligible for parole consideration upon serving 30
years of the sentence imposed and when all of the following conditions have been
met:
(a)The offender has not committed any disciplinary offenses in the 12
consecutive months prior to the parole eligibility date.
(b)The offender has completed the mandatory minimum of 100 hours of
prerelease programming.
(c)The offender has completed substance abuse treatment as applicable.
(d)The offender has obtained a GED or, in certain circumstances, has completed
a literacy program, an adult basic education program, or a job skills training
program.
(e)The offender has obtained a low-risk level designation determined by a
validated risk assessment instrument approved by the secretary of DPS&C.
(f)The offender has completed a reentry program to be determined by DPS&C.
(g)If the offender was convicted of aggravated rape, he shall be designated a sex
offender and upon release shall comply with all sex offender registration and
notification provisions as required by law.
(7)For such parole decisions, the board shall meet in a three-member panel and each
member of the panel shall be provided with and shall consider a written evaluation
of the offender by a person who has expertise in adolescent brain development and
behavior and any other relevant evidence pertaining to the offender.
(8)Requires the panel to render specific findings of fact in support of its decision.
(9)Provisions of proposed law relative to parole eligibility shall not apply to any
offender convicted of first degree murder who was under the age of 18 at the time
of the commission of the offense and who was sentenced to life imprisonment
without the possibility of parole after a sentencing hearing pursuant to proposed law.
(Amends R.S. 15:574.4(B)(1); Adds C.Cr.P. Articles 906-906.5 and R.S. 15:574.4(E))