Louisiana 2013 2013 Regular Session

Louisiana Senate Bill SB32 Enrolled / Bill

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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	ENROLLED
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.
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
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Art. 875. Presentence investigation; juvenile records; drug screening; veterans16
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F. If a convicted defendant is currently serving in the military or is a18
veteran and has been diagnosed as having a mental illness by a qualified19
psychiatrist or clinical psychologist or physician, the court may order a20
presentence investigation pursuant to this Article. In conducting the21
presentence investigation, the Department of Public Safety and Corrections,22
division of probation and parole, in addition to the requirements of Paragraphs23
A through E of this Article, shall:24 SB NO. 32	ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(1)  Consult with the United States Department of Veterans Affairs,1
Louisiana Department of Veterans Affairs, or another agency or person with2
suitable knowledge or experience, for the purpose of providing the court with3
information regarding treatment options available to the convicted defendant,4
including federal, state, and local programming.5
(2) Consider the treatment recommendations of any diagnosing or6
treating mental health professionals together with the treatment options7
available to the defendant in imposing a sentence. 8
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: