SLS 13RS-234 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, 2013
SENATE BILL NO. 32
BY SENATOR CROWE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL PROCEDURE. Provides for special consideration for veterans who are arrested
or convicted of a crime. (8/1/13)
AN ACT1
To enact Code of Criminal Procedure Arts. 551(C), 871.2 and 875(F), relative to veterans2
arrested or convicted of a crime; to provide for arraignment of the defendant; to3
provide for the presentence inquiry of the veteran's status; to provide for presentence4
investigations of veterans; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Criminal Procedure Arts. 551(C), 871.2 and 875(F) are hereby7
enacted to read as follows:8
Art. 551. Arraignment of defendant9
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C. At the time of arraignment, the court shall inquire and receive11
response, orally or in writing, whether the defendant is currently serving in or12
is a veteran of the armed forces of the United States. If the defendant is13
currently serving in the military or is a veteran, the court may consult with the14
United States Department of Veterans Affairs, Louisiana Department of15
Veterans Affairs, or another agency or person with suitable knowledge or16
experience, for the purpose of providing the defendant with information17 SB NO. 32
SLS 13RS-234 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
regarding veterans services for which the defendant may be qualified, including1
federal, state and local programming.2
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Art. 871.2 Presentence inquiry of veteran status4
Prior to the imposition of a sentence, the court shall inquire and receive5
response, orally or in writing, whether the convicted defendant is currently6
serving in or is a veteran of the armed forces of the United States. If the7
convicted defendant is currently serving in the military or is a veteran, the court8
may order a presentence investigation pursuant to Code of Criminal Procedure9
Art. 875(F) to determine whether military and veteran resources are available.10
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Art. 875. Presentence investigation; juvenile records; drug screening; veterans12
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F. If a convicted defendant is currently serving in the military or is a14
veteran and has been diagnosed as having a mental illness by a qualified15
psychiatrist or clinical psychologist or physician, the court may order a16
presentence investigation pursuant to this Article. In conducting the17
presentence investigation, the Department of Public Safety and Corrections,18
division of probation and parole, in addition to the requirement of Sections A19
through E of this Article, shall:20
(1) Consult with the United States Department of Veterans Affairs,21
Louisiana Department of Veterans Affairs, or another agency or person with22
suitable knowledge or experience, for the purpose of providing the court with23
information regarding treatment options available to the convicted defendant,24
including federal, state, and local programming.25
(2) Consider the treatment recommendations of any diagnosing or26
treating mental health professionals together with the treatment options27
available to the defendant in imposing a sentence. 28 SB NO. 32
SLS 13RS-234 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Heyward Jeffers.
DIGEST
Present law does not require a court to consider a member of the armed forces or a veteran's
military service in determining a sentence for such members of the armed forces or veterans
who are convicted of a crime.
Proposed law requires a court, at the time of arraignment of a defendant, to inquire and
receive a response, orally or in writing, whether the defendant is currently serving in or is
a veteran of the armed forces of the United States.
Proposed law provides that a court may, if the defendant is currently serving or is a veteran
of the armed forces of the United States, consult with the United States Department of
Veterans Affairs, Louisiana Department of Veterans Affairs, or another agency or person
with suitable knowledge or experience, for the purpose of providing the defendant with
information regarding veterans services for which the defendant may be qualified, including
federal, state and local programing.
Proposed law provides that if the defendant is convicted of their charges and is determined
to be a member or a veteran of the armed forces of the United States, prior to sentencing the
court shall inquire and receive a response, orally or in writing as to the military status of the
convicted defendant, the court may order a presentence investigation to determine whether
military and veteran resources are available.
Proposed law provides that if a convicted defendant is currently serving in the military or
is a veteran and has been diagnosed as having a mental illness by a qualified psychiatrist or
clinical psychologist or physician, the court may order a presentence investigation. In
conducting the presentence investigation, the Department of Public Safety and Corrections,
division of probation and parole, will consult with the United States Department of Veterans
Affairs, Louisiana Department of Veterans Affairs, or another agency or person with suitable
knowledge or experience, for the purpose of providing the court with information regarding
treatment options available to the convicted defendant, including federal, state, and local
programming and further consider the treatment recommendations of any diagnosing or
treating mental health professionals together with the treatment options available to the
defendant in imposing a sentence.
Effective August 1, 2013.
(Adds C.Cr.P. Arts. 551(C), 871.2 and 875(F))