Crowe SB 32 Act No. 29
Prior 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.
New 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.
New 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 U.S. Department of Veterans Affairs,
La. 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))