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:
(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))