SLS 14RS-494 ORIGINAL
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 229
BY SENATOR MARTINY
CRIME/PUNISHMENT. Provides relative to reducing certain habitual offender sentences.
(8/1/14)
AN ACT1
To enact Code of Criminal Procedure Article 881.8, relative to habitual offenders; to provide2
for the reduction of certain habitual offender sentences under certain circumstances;3
and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Criminal Procedure Article 881.8 is hereby enacted to read as6
follows:7
Art. 881.8. Reducing a life sentence ameliorated by R.S. 15:3088
Notwithstanding any provision of law to the contrary, upon motion of the9
defendant, the sentencing court may reduce the defendant's sentence in10
accordance with the provisions of R.S. 15:308, notwithstanding the prospective11
application requirement of R.S. 15:308(A)(1), when the defendant is in the12
actual custody of the Department of Public Safety and Corrections serving a13
sentence of life imprisonment that was imposed under the provisions of R.S.14
15:529.1(A)(1)(b)(ii) or (c)(ii) as those provisions existed after amendment by15
Act No. 1245 of the 1995 Regular Session of the Legislature.16 SB NO. 229
SLS 14RS-494 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
Martiny (SB 229)
Present law (Habitual Offender Law) provides relative to sentences for second and
subsequent offenses. Present law further provides that an offender who has already been
convicted of two felonies and thereafter commits a third or fourth felony is to be punished
as follows:
(1)If the third felony is such that upon a first conviction the offender could be punished
by any term less than life imprisonment, and if the third felony is a crime of violence
under present law, or a sex offense under present law when the victim is under the
age of 18, or a violation of the Uniform Controlled Dangerous Substances Law
punishable by at least 10 years imprisonment, or any other crime punishable by at
least 12 years imprisonment, or any combination thereof, then the offender is to be
imprisoned for life without benefit of parole, probation, or suspension of sentence.
(2)If the fourth or subsequent felony is such that upon a first conviction the offender
could be punished by any term less than life imprisonment, and if the fourth felony
and two of the prior felonies are crimes of violence under present law, or sex
offenses under present law when the victim is under the age of 18, or violations of
the Uniform Controlled Dangerous Substances Law punishable by at least 10 years
imprisonment, or any other crimes punishable by at least 12 years imprisonment, or
any combination thereof, then the offender is to be imprisoned for life without
benefit of parole, probation, or suspension of sentence.
Proposed law retains present law.
Present law provides more lenient penalty provisions for certain enumerated crimes than did
prior provisions of the Habitual Offender Law (Acts 1995, No. 1245). Present law further
provides that these more lenient penalty provisions are to apply to persons who committed
certain crimes, were convicted of certain crimes, or were sentenced according to certain
penalty provisions before 6/15/01, if such application of present law ameliorates the person's
circumstances.
Proposed law retains present law.
Proposed law provides that any person whose circumstances might be ameliorated by the
application of present law may apply to the sentencing court to have a life sentence reduced
if the person is in the actual custody of the Dept. of Public Safety and Corrections and is
serving a life sentence imposed pursuant to the Habitual Offender Law as it existed before
6/15/01.
Proposed law otherwise retains present law.
Effective August 1, 2014.
(Adds C.Cr.P. Art. 881.8)