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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 later ameliorated8
A. Notwithstanding any provision of law to the contrary, a defendant in9
the actual custody of the Department of Public Safety and Corrections serving10
a sentence of life imprisonment that was imposed under the provisions of R.S.11
15:529.1(A)(1)(b)(ii) or (c)(ii) as those provisions existed after amendment by12
Act No. 1245 of the 1995 Regular Session shall be eligible for parole13
consideration after serving the maximum term of imprisonment that would14
have been imposed had the defendant been sentenced under the provisions of15
R.S. 15:529.1(A)(1)(b)(ii) or (c)(ii) as those provisions existed after amendment16
by Act No. 403 of the 2001 Regular Session.17 SB NO. 229
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B. For the purposes of this Section, the maximum term of imprisonment1
shall be calculated by the secretary of the Department of Public Safety and2
Corrections.3
The original instrument was prepared by Alden A. Clement, Jr. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by James Benton.
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 will be eligible for parole consideration after serving the
maximum term of imprisonment that would have been imposed had the defendant been
sentenced under the provisions of present law.
Proposed law otherwise retains present law.
Effective August 1, 2014.
(Adds C.Cr.P. Art. 881.8) SB NO. 229
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Changes from authorizing a sentencing court to reduce a defendant's sentence
based on ameliorative penalty provisions to mandating parole eligibility for
a defendant based on ameliorative penalty provisions.