HLS 14RS-1320 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 731
BY REPRESENTATIVE KATRINA JACKSON
CRIMINAL/SENTENCING: Creates a procedure for designating certain crimes in the court
minutes as a crime of violence and provides relative to the benefits and restrictions
based on such designation
AN ACT1
To amend and reenact Code of Criminal Procedure Article 893(A) and (E)(1)(b), R.S.2
13:5304(B)(10)(a) and (b), R.S. 15:529.1(A)(3)(b), 571.3(A)(1), (B)(1)(a) and (b)(ii),3
(2), and (D), 574.2(C)(2)(a), 574.4(A)(1)(b)(i) and (ii), (4)(a), and (B)(1),4
574.9(G)(1)(b)(i), 827.1(E)(3)(b), 833.1(D), and 1199.7(C)(2), and to enact Code of5
Criminal Procedure Article 890.3, and to repeal R.S. 15:571.3(B)(1)(b)(iii), relative6
to crimes of violence; to provide a procedure by which certain crimes of violence are7
designated as such in the court minutes; to provide relative to certain benefits and8
restrictions based upon this designation; to provide with respect to deferral of9
sentences; to provide for participation in certain programs; to provide with respect10
to parole; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. Code of Criminal Procedure Article 893(A) and (E)(1)(b) are hereby13
amended and reenacted and Code of Criminal Procedure Article 890.3 is hereby enacted to14
read as follows: 15
Art. 890.3. Sentencing for crimes of violence16
A. Except as provided in Paragraph B of this Article, when a defendant is17
sentenced for any offense, or the attempt to commit any offense, defined or18
enumerated as a crime of violence in R.S. 14:2(B), upon the written recommendation19 HLS 14RS-1320 ORIGINAL
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of the district attorney, the court may designate in the minutes whether such offense1
is a crime of violence.2
B. The following crimes of violence enumerated in R.S. 14:2(B) shall be3
designated by the court in the minutes as a crime of violence:4
(1) Solicitation for murder5
(2) First degree murder6
(3) Second degree murder7
(4) Manslaughter8
(5) Aggravated rape9
(6) Forcible rape10
(7) Simple rape11
(8) Sexual battery12
(9) Second degree sexual battery13
(10) Intentional exposure to AIDS virus14
(11) Aggravated kidnapping15
(12) Second degree kidnapping16
(13) Aggravated arson17
(14) Armed robbery18
(15) Assault by drive-by shooting19
(16) Carjacking20
(17) Terrorism21
(18) Aggravated second degree battery22
(19) Aggravated assault with a firearm23
(20) Armed robbery; use of firearm; additional penalty24
(21) Second degree robbery25
(22) Disarming of a peace officer26
(23) Second degree cruelty to juveniles27
(24) Aggravated incest28
(25) Trafficking of children for sexual purposes29 HLS 14RS-1320 ORIGINAL
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(26) Human trafficking1
(27) Home invasion2
* * *3
Art. 893. Suspension and deferral of sentence and probation in felony cases4
A. When it appears that the best interest of the public and of the defendant5
will be served, the court, after a first or second conviction of a noncapital felony,6
may suspend, in whole or in part, the imposition or execution of either or both7
sentences, where suspension is allowed under the law, and in either or both cases8
place the defendant on probation under the supervision of the division of probation9
and parole. The court shall not suspend the sentence of a conviction for an offense10
that is designated in the court minutes as a crime of violence as defined in R.S.11
14:2(B)(1), (2), (3), (4), (5), (9), (10), (11), (12), (13), (14), (15), (16), (18), (20),12
(21), (22), (26), (27), or (28) pursuant to Article 890.3, or of a second conviction if13
the second conviction is for a violation of R.S. 14:73.5, 81.1, or 81.2. The period of14
probation shall be specified and shall not be less than one year nor more than five15
years. The suspended sentence shall be regarded as a sentence for the purpose of16
granting or denying a new trial or appeal. Supervised release as provided for by17
Chapter 3-E of Title 15 of the Louisiana Revised Statutes of 1950 shall not be18
considered probation and shall not be limited by the five-year period for probation19
provided for by the provisions of this Paragraph.20
* * *21
E.(1)22
* * *23
(b) The court shall not defer a sentence under this provision for an offense24
or an attempted offense which that is designated in the court minutes as a crime of25
violence pursuant to Article 890.3 or that is defined or enumerated as a crime of26
violence under R.S. 14:2(B) or a sex offense as defined by R.S. 15:541(14.1) R.S.27
15:541, involving a child under the age of seventeen years or for a violation of the28
Uniform Controlled Dangerous Substances Law that is punishable by a term of29 HLS 14RS-1320 ORIGINAL
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imprisonment of more than five years or for a violation of R.S. 40:966(A), 967(A),1
968(A), 969(A), or 970(A).2
* * *3
Section 2. R.S. 13:5304(B)(10)(a) and (b) are hereby amended and reenacted to read4
as follows:5
§5304. The drug division probation program6
* * *7
B. Participation in probation programs shall be subject to the following8
provisions:9
* * *10
(10) In order to be eligible for the drug division probation program, the11
defendant must satisfy each of the following criteria:12
(a) The defendant cannot have any prior felony convictions for any offenses13
defined as crimes offense that is designated in the court minutes as a crime of14
violence in R.S. 14:2(B) pursuant to Code of Criminal Procedure Article 890.3.15
(b) The crime before the court cannot be is not a criminal offense perpetrated16
by one household member against another household member as defined by R.S.17
14:35.3 or an offense that is designated in the court minutes as a crime of violence18
as defined in R.S. 14:2(B) pursuant to Code of Criminal Procedure Article 890.3,19
including domestic violence.20
* * *21
Section 3. R.S. 15:529.1(A)(3)(b), 571.3(A)(1), (B)(1)(a) and (b)(ii), (2), and (D),22
574.2(C)(2)(a), 574.4(A)(1)(b)(i) and (ii), (4)(a), and (B)(1), 574.9(G)(1)(b)(i),23
827.1(E)(3)(b), 833.1(D), and 1199.7(C)(2) are hereby amended and reenacted to read as24
follows:25
§529.1. Sentences for second and subsequent offenses; certificate of warden or clerk26
of court in the state of Louisiana as evidence27
A. Any person who, after having been convicted within this state of a felony,28
or who, after having been convicted under the laws of any other state or of the29 HLS 14RS-1320 ORIGINAL
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United States, or any foreign government of a crime which, if committed in this state1
would be a felony, thereafter commits any subsequent felony within this state, upon2
conviction of said felony, shall be punished as follows:3
* * *4
(3) If the third felony is such that upon a first conviction, the offender would5
be punishable by imprisonment for any term less than his natural life then:6
* * *7
(b) If the third felony and the two prior felonies are felonies defined as8
designated in the court minutes as a crime of violence under R.S. 14:2(B), pursuant9
to Code of Criminal Procedure Article 890.3, defined as a sex offense as defined in10
R.S. 15:540 et seq. when the victim is under the age of eighteen at the time of11
commission of the offense, or is as a violation of the Uniform Controlled Dangerous12
Substances Law punishable by imprisonment for ten years or more, or any other13
crimes punishable by imprisonment for twelve years or more, or any combination of14
such crimes, the person shall be imprisoned for the remainder of his natural life,15
without benefit of parole, probation, or suspension of sentence.16
* * *17
§571.3. Diminution of sentence for good behavior18
A.(1) Every prisoner in a parish prison convicted of an offense and sentenced19
to imprisonment without hard labor, except a prisoner convicted a second time of an20
offense that is designated in the court minutes as a crime of violence as defined by21
R.S. 14:2(B) pursuant to Code of Criminal Procedure Article 890.3, may earn a22
diminution of sentence, to be known as "good time", by good behavior and23
performance of work or self-improvement activities, or both. The amount of24
diminution of sentence allowed under this Paragraph shall be at the rate of thirty days25
for every thirty days in actual custody, except for a prisoner convicted a first time of26
an offense that is designated in the court minutes as a crime of violence, as defined27
in R.S. 14:2(B) pursuant to Code of Criminal Procedure Article 890.3, who shall28
earn diminution of sentence at the rate of three days for every seventeen days in29 HLS 14RS-1320 ORIGINAL
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actual custody held on the imposed sentence, including, in either case, time spent in1
custody with good behavior prior to sentencing for the particular sentence imposed2
as authorized by Code of Criminal Procedure Article 880.3
* * *4
B.(1)(a) Unless otherwise prohibited, every inmate in the custody of the5
department who has been convicted of a felony, except an inmate convicted a second6
time of an offense that is designated in the court minutes as a crime of violence as7
defined by R.S. 14:2(B) pursuant to Code of Criminal Procedure Article 890.3, and8
sentenced to imprisonment for a stated number of years or months, may earn, in lieu9
of incentive wages, a diminution of sentence by good behavior and performance of10
work or self-improvement activities, or both, to be known as "good time". Those11
inmates serving life sentences will be credited with good time earned which will be12
applied toward diminution of their sentences at such time as the life sentences might13
be commuted to a specific number of years. The secretary shall establish regulations14
for awarding and recording of good time and shall determine when good time has15
been earned toward diminution of sentence. The amount of diminution of sentence16
allowed under the provisions of this Section shall be at the rate of one and one half-17
day for every one day in actual custody served on the imposed sentence, including18
time spent in custody with good behavior prior to sentencing for the particular19
sentence imposed as authorized by the provisions of Code of Criminal Procedure20
Article 880.21
(b) The provisions of Subparagraph (a) of this Paragraph shall be applicable22
to persons convicted of offenses on or after January 1, 1992 and who are not serving23
a sentence for the following offenses:24
* * *25
(ii) A crime of violence as defined in R.S. 14:2(B).26
(iii)(ii) Any offense which would constitute a crime of violence as defined27
in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541, regardless of the date of28
conviction.29 HLS 14RS-1320 ORIGINAL
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(2) An inmate convicted a first time of an offense that is designated in the1
court minutes as a crime of violence as defined in R.S. 14:2(B) pursuant to Code of2
Criminal Procedure Article 890.3, shall earn diminution of sentence at a rate of three3
days for every seventeen days in actual custody held on the imposed sentence,4
including time spent in custody with good behavior prior to sentencing for the5
particular sentence imposed as authorized by Code of Criminal Procedure Article6
880.7
* * *8
D. Diminution of sentence shall not be allowed an inmate in the custody of9
the Department of Public Safety and Corrections if the instant offense is a second10
offense that is designated in the court minutes as a crime of violence as defined by11
R.S. 14:2(B) pursuant to Code of Criminal Procedure Article 890.3.12
* * *13
§574.2. Committee on parole, Board of Pardons; membership; qualifications;14
vacancies; compensation; domicile; venue; meetings; quorum; panels;15
powers and duties; transfer of property to committee; representation of16
applicants before the committee; prohibitions17
* * *18
C.19
* * *20
(2) The committee may grant parole with two votes of a three-member panel,21
or, if the number exceeds a three-member panel, a majority vote of those present if22
all of the following conditions are met:23
(a) The offender has not been convicted of an offense designated in the court24
minutes as a crime of violence as defined in R.S. 14:2(B) pursuant to Code of25
Criminal Procedure Article 890.3, or convicted of a sex offense as defined in R.S.26
15:541, or convicted of an offense which would constitute a crime of violence as27 HLS 14RS-1320 ORIGINAL
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defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541, regardless of the1
date of conviction.2
* * *3
§574.4. Parole; eligibility4
A.(1)5
* * *6
(b)(i) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,7
a person, otherwise eligible for parole, convicted of a first felony offense shall be8
eligible for parole consideration upon serving twenty-five percent of the sentence9
imposed. The provisions of this Subparagraph shall not apply to any person who has10
been convicted of an offense that is designated in the court minutes as a crime of11
violence as defined in R.S. 14:2(B) pursuant to Code of Criminal Procedure Article12
890.3, has been convicted of a sex offense as defined in R.S. 15:541, has been13
sentenced as a habitual offender pursuant to R.S. 15:529.1, or is otherwise ineligible14
for parole.15
(ii) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,16
a person, otherwise eligible for parole, convicted of a second felony offense shall be17
eligible for parole consideration upon serving thirty-three and one-third percent of18
the sentence imposed. The provisions of this Item shall not apply to any person who19
has been convicted of an offense that is designated in the court minutes as a crime20
of violence as defined in R.S. 14:2(B) pursuant to Code of Criminal Procedure21
Article 890.3, has been convicted of a sex offense as defined in R.S. 15:541, has22
been sentenced as a habitual offender pursuant to R.S. 15:529.1, or is otherwise23
ineligible for parole.24
* * *25
(4) Notwithstanding any other provision of law to the contrary, unless26
eligible for parole at an earlier date, a person committed to the Department of Public27
Safety and Corrections for a term or terms of imprisonment with or without benefit28
of parole who has served at least ten years of the term or terms of imprisonment in29 HLS 14RS-1320 ORIGINAL
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actual custody shall be eligible for parole consideration upon reaching the age of1
sixty years if all of the following conditions are met:2
(a) The offender has not been convicted of an offense that was designated3
in the court minutes as a crime of violence as defined in R.S. 14:2(B) pursuant to4
Code of Criminal Procedure Article 890.3 or convicted of a sex offense as defined5
in R.S. 15:541, or convicted of an offense which would constitute a crime of6
violence as defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541,7
regardless of the date of conviction.8
* * *9
B.(1) No person shall be eligible for parole consideration who has been10
convicted of armed robbery and denied parole eligibility under the provisions of R.S.11
14:64. Except as provided in Paragraph (2) of this Subsection, and except as12
provided in Subsections D and E of this Section, no prisoner serving a life sentence13
shall be eligible for parole consideration until his life sentence has been commuted14
to a fixed term of years. No prisoner sentenced as a serial sexual offender shall be15
eligible for parole. No prisoner may be paroled while there is pending against him16
any indictment or information for any crime suspected of having been committed by17
him while a prisoner. Notwithstanding any other provisions of law to the contrary,18
a person convicted of an offense that was designated in the court minutes as a crime19
of violence pursuant to Code of Criminal Procedure Article 890.3 and not otherwise20
ineligible for parole shall serve at least eighty-five percent of the sentence imposed,21
before being eligible for parole. The victim or victim's family shall be notified22
whenever the offender is to be released provided that the victim or victim's family23
has completed a Louisiana victim notice and registration form as provided in R.S.24
46:1841 et seq., or has otherwise provided contact information and has indicated to25
the Department of Public Safety and Corrections, Crime Victims Services Bureau,26
that they desire such notification.27
* * *28 HLS 14RS-1320 ORIGINAL
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§574.9. Revocation of parole for violation of condition; committee panels; return1
to custody hearing; duration of reimprisonment and reparole after revocation;2
credit for time served; revocation for a technical violation3
* * *4
G.(1)5
* * *6
(b) The provisions of Subparagraph (a) of this Paragraph shall not apply to7
the following offenders:8
(i) Any offender released on parole for the conviction of an offense that was9
designated in the court minutes as a crime of violence as defined in R.S. 14:2(B)10
pursuant to Code of Criminal Procedure Article 890.3.11
* * *12
§827.1. Reentry preparation program; establishment13
* * *14
E.15
* * *16
(3) An offender convicted of any of the following offenses shall not be17
eligible for participation in the program:18
* * *19
(b) A An offense that was designated in the court minutes as a crime of20
violence as defined in R.S. 14:2(B) pursuant to Code of Criminal Procedure Article21
890.3.22
* * *23
§833.1. Community resource centers; participation; conditions24
* * *25
D. An inmate in the custody of the Department of Public Safety and26
Corrections shall not be eligible to participate in the community resource centers if27
the inmate has been convicted of a crime defined or enumerated an offense that was28
designated in the court minutes as a crime of violence in R.S. 14:2(B) pursuant to29 HLS 14RS-1320 ORIGINAL
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Code of Criminal Procedure Article 890.3 or the inmate has been convicted of a sex1
offense as defined in R.S. 15:541.2
* * *3
§1199.7. Inmate eligibility for program; prohibitions4
* * *5
C. An inmate convicted of any of the following offenses shall not be eligible6
for participation in the program:7
* * *8
(2) A An offense that was designated in the court minutes as a crime of9
violence as defined in R.S. 14:2(B) pursuant to Code of Criminal Procedure Article10
890.3.11
* * *12
Section 4. R.S. 15:571.3(B)(1)(b)(iii) is hereby repealed in its entirety.13
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Katrina Jackson HB No. 731
Abstract: Provides a procedure by which certain crimes of violence are designated as such
in the court minutes and provides relative to certain benefits and restrictions based
upon this designation.
Present law (R.S. 14:2(B)) provides that certain offenses can be defined as, or are
specifically enumerated as, a crime of violence.
Proposed law retains present law and authorizes the court, upon the written recommendation
of the district attorney, to designate in the court minutes that an offense is a crime of
violence.
Proposed law further provides that the following offenses shall be designated by the court
as a crime of violence in the court minutes: solicitation for murder, first degree murder,
second degree murder, manslaughter, aggravated rape, forcible rape, simple rape, sexual
battery, second degree sexual battery, intentional exposure to AIDS virus, aggravated
kidnapping, second degree kidnapping, aggravated arson, armed robbery, assault by drive-by
shooting, carjacking, terrorism, aggravated second degree battery, aggravated assault with
a firearm, armed robbery (use of firearm; additional penalty), second degree robbery,
disarming of a peace officer, second degree cruelty to juveniles, aggravated incest,
trafficking of children for sexual purposes, human trafficking, and home invasion.
Present law prohibits persons convicted of a crime of violence as defined by present law
from participating or from obtaining the benefits of the following: HLS 14RS-1320 ORIGINAL
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(1)Deferral of sentences. (C.Cr.P. Art. 893)
(2)A drug division probation program. (R.S. 13:5304)
(3)Reentry preparation programs. (R.S. 15:827.1)
(4)Community resource center programs. (R.S. 15:833.1)
(5)Rehabilitation and workforce development program. (R.S. 15:1199.7)
Present law (R.S. 15:529.1) provides for sentencing of a person as a habitual offender and
provides for increased penalties when an offense for which the person was convicted is
defined or enumerated as a crime of violence in present law.
Proposed law amends present law to provide increased penalties only for those offenses that
were designated in the court minutes as a crime of violence pursuant to proposed law.
Present law (R.S. 15:571.3) authorizes the diminution of a person's sentence for good
behavior and provides that a person is prohibited or shall earn good time at a lesser rate for
certain convictions of an offense that is defined or enumerated as a crime of violence in
present law.
Proposed law amends present law to provide that this prohibition and the rate at which the
person earns good time shall only apply to persons convicted of an offense that was
designated in the court minutes as a crime of violence pursuant to proposed law.
Present law (R.S. 15:574.2 and 574.4) provides that persons convicted of an offense defined
or enumerated as a crime of violence shall only be eligible for parole upon serving 85% of
the sentence imposed and shall only be granted parole by a unanimous vote of the committee
on parole.
Proposed law amends present law to provide that the 85% parole eligibility and the
unanimous vote of the committee on parole required to grant parole shall only apply to
offenses that were designated in the court minutes as a crime of violence pursuant to
proposed law.
Present law (R.S. 15:574.9) authorizes certain offenders who are released on parole to
receive the benefit of not having their parole revoked for a first technical violation of a
parole condition and only being required to serve up to 90 days for the violation. Present
law prohibits persons convicted of a crime of violence as defined or enumerated in present
law from receiving the benefit of a first technical violation.
Proposed law amends present law and provides that this prohibition on receiving the benefit
of a first technical violation of parole conditions shall only apply to persons convicted of an
offense that was designated in the court minutes as a crime of violence pursuant to proposed
law.
(Amends C.Cr.P. Art. 893(A) and (E)(1)(b) and R.S. 13:5304(B)(10)(a) and (b), R.S.
15:529.1(A)(3)(b), 571.3(A)(1), (B)(1)(a) and (b)(ii), (2), and (D), 574.2(C)(2)(a),
574.4(A)(1)(b)(i) and (ii), (4)(a), and (B)(1), 574.9(G)(1)(b)(i), 827.1(E)(3)(b), 833.1(D),
and 1199.7(C)(2); Adds C.Cr.P. Art. 890.3; Repeals R.S. 15:571.3(B)(1)(b)(iii))