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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 SENATORS CROWE, JOHNS, PETERSON AND GARY SMI TH
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
convicted of a crime. (8/1/13)
AN ACT1
To enact Code of Criminal Procedure Arts. 871.2 and 875(F), relative to veterans convicted2
of a crime; to authorize a presentence inquiry of the veteran's status; to provide for3
presentence investigations of veterans; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Criminal Procedure Arts. 871.2 and 875(F) are hereby enacted6
to read as follows:7
Art. 871.2 Presentence inquiry of veteran status8
Prior to the imposition of a sentence, the court may inquire and receive9
response, orally or in writing, whether the convicted defendant is currently10
serving in or is a veteran of the armed forces of the United States. If the11
convicted defendant is currently serving in the military or is a veteran, the court12
may order a presentence investigation pursuant to Code of Criminal Procedure13
Art. 875(F) to determine whether military and veteran resources are available.14
* * *15
Art. 875. Presentence investigation; juvenile records; drug screening; veterans16
* * *17 SB NO. 32
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
F. If a convicted defendant is currently serving in the military or is a1
veteran and has been diagnosed as having a mental illness by a qualified2
psychiatrist or clinical psychologist or physician, the court may order a3
presentence investigation pursuant to this Article. In conducting the4
presentence investigation, the Department of Public Safety and Corrections,5
division of probation and parole, in addition to the requirement of Sections A6
through E of this Article, shall:7
(1) Consult with the United States Department of Veterans Affairs,8
Louisiana Department of Veterans Affairs, or another agency or person with9
suitable knowledge or experience, for the purpose of providing the court with10
information regarding treatment options available to the convicted defendant,11
including federal, state, and local programming.12
(2) Consider the treatment recommendations of any diagnosing or13
treating mental health professionals together with the treatment options14
available to the defendant in imposing a sentence. 15
The original instrument was prepared by Heyward Jeffers. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Cathy R. Wells.
DIGEST
Crowe (SB 32)
Present law does not require a court to consider whether an offender is a member of the
armed forces or a veteran in determining a sentence for such member of the armed forces
or veteran.
Proposed law provides that if the defendant is convicted and is determined to be a member
or a veteran of the armed forces of the United States, prior to sentencing the court may
inquire and receive a response, orally or in writing as to the current military status of the
convicted defendant, and 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 SB NO. 32
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
defendant in imposing a sentence.
Effective August 1, 2013.
(Adds C.Cr.P. Arts. 871.2 and 875(F))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Removes proposed law assessment of military status of defendant at the time
of arraignment.
2. Changes from mandatory to permissive a court's inquiry as to military status
of a defendant at the time of sentencing.