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)
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.