The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
Morrell (SB 237)
Present law (Habitual Offender Law) provides that a person convicted of a felony in this state or
convicted under the laws of another jurisdiction of a crime that if committed in this state would
be a felony, who commits any subsequent felony within this state, upon conviction is to be
punished as follows:
(1)If the second felony is such that upon a first conviction the offender would be punishable
by imprisonment for any term less than his natural life, then the sentence to imprisonment
is to be for a determinate term not less than one-half the longest term and not more than
twice the longest term prescribed for a first conviction.
(2)If the third felony is such that upon a first conviction, the offender would be punishable
by imprisonment for any term less than his natural life then the person is to be sentenced
to imprisonment for a determinate term not less than two-thirds of the longest possible
sentence for the conviction and not more than twice the longest possible sentence
prescribed for a first conviction.
(3)If the third felony and the two prior felonies are felonies defined as a crime of violence
under present law, or a sex offense as defined in present law, when the victim is under the
age of 18 years at the time of commission of the offense, or as a violation of the Uniform
Controlled Dangerous Substances Law punishable by imprisonment for 10 years or more,
or any other crimes punishable by imprisonment for 12 years or more, or any combination
of such crimes, the person is to be imprisoned for the remainder of his natural life,
without benefit of parole, probation, or suspension of sentence.
(4)If the fourth or subsequent felony is such that, upon a first conviction the offender would
be punishable by imprisonment for any term less than his natural life then the person is to
be sentenced to imprisonment for the fourth or subsequent felony for a determinate term
not less than the longest prescribed for a first conviction but in no event less than 20 years
and not more than his natural life.
(5)If the fourth felony and two of the prior felonies are felonies defined as a crime of
violence under present law, or a sex offense as defined in present law when the victim is
under the age of 18 at the time of commission of the offense, or as a violation of the
Uniform Controlled Dangerous Substances Law punishable by imprisonment for 10 years
or more, or of any other crime punishable by imprisonment for 12 years or more, or any
combination of such crimes, the person is to be imprisoned for the remainder of his
natural life, without benefit of parole, probation, or suspension of sentence. Proposed law deletes from present law the mandatory minimum sentences for second, third, and
fourth offenses that are not crimes of violence, sex offenses, or violations of the Uniform
Controlled Dangerous Substances Law. Proposed law further deletes mandatory life sentences
for third and fourth offenses that are violations of the Uniform Controlled Dangerous Substances
Law punishable by imprisonment for 10 years or more, or any other crimes punishable by
imprisonment for 12 years or more, or any combination thereof.
Proposed law otherwise retains present law.
Present law provides that any sentence imposed on a habitual offender under present law must be
at hard labor without benefit of probation or suspension of sentence.
Proposed law provides that only a sentence imposed on a habitual offender for a crime of
violence under present law or a sex offense as defined in present law when the victim is under
the age of 18 at the time of commission of the offense must be at hard labor.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 15:529.1(A)(1), (3) and (4), and (G))