RDCSB229 2697 4597
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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)]
Martiny SB No. 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 (Act No. 1245 of the 1995 R.S.). 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. RDCSB229 2697 4597
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the engrossed bill.
1. Made technical corrections.