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 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.