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Regular Session, 2014
SENATE BILL NO. 237
BY SENATOR MORRELL
CRIME/PUNISHMENT. Prohibits application of habitual offender law to nonviolent
offenders. (gov sig)
AN ACT1
To amend and reenact R.S. 15:529.1(A)(1), (3) and (4), and (G), relative to habitual2
offenders; to provide relative to penalties for nonviolent offenders sentenced as3
habitual offenders; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 15:529.1(A)(1), (3) and (4), and (G) are hereby amended and6
reenacted to read as follows: 7
ยง529.1. Sentences for second and subsequent offenses; certificate of warden or clerk8
of court in the state of Louisiana as evidence9
A. Any person who, after having been convicted within this state of a felony,10
or who, after having been convicted under the laws of any other state or of the11
United States, or any foreign government of a crime which, if committed in this state12
would be a felony, thereafter commits any subsequent felony within this state, upon13
conviction of said felony, shall be punished as follows:14
(1) If the second felony is such that upon a first conviction the offender15
would be punishable by imprisonment for any term less than his natural life, then the16
sentence to imprisonment shall be for a determinate term not less than one-half the17 SB NO. 237
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words in boldface type and underscored are additions.
longest term and not more than twice the longest term prescribed for a first1
conviction.2
* * *3
(3) If the third felony is such that upon a first conviction, the offender would4
be punishable by imprisonment for any term less than his natural life then:5
(a) The person shall be sentenced to imprisonment for a determinate term not6
less than two-thirds of the longest possible sentence for the conviction and not more7
than twice the longest possible sentence prescribed for a first conviction; or8
(b) If the third felony and the two prior felonies are felonies defined as a9
crime of violence under R.S. 14:2(B), or a sex offense as defined in R.S. 15:540 et10
seq. when the victim is under the age of eighteen at the time of commission of the11
offense, or as a violation of the Uniform Controlled Dangerous Substances Law12
punishable by imprisonment for ten years or more, or any other crimes punishable13
by imprisonment for twelve years or more, or any combination of such crimes, the14
person shall be imprisoned for the remainder of his natural life, without benefit of15
parole, probation, or suspension of sentence.16
(4) If the fourth or subsequent felony is such that, upon a first conviction the17
offender would be punishable by imprisonment for any term less than his natural life18
then:19
(a) The person shall be sentenced to imprisonment for the fourth or20
subsequent felony for a determinate term not less than the longest prescribed for a21
first conviction but in no event less than twenty years and not more than his natural22
life; or23
(b) If the fourth felony and two of the prior felonies are felonies defined as24
a crime of violence under R.S. 14:2(B), or a sex offense as defined in R.S. 15:54025
et seq. when the victim is under the age of eighteen at the time of commission of the26
offense, or as a violation of the Uniform Controlled Dangerous Substances Law27
punishable by imprisonment for ten years or more, or of any other crime punishable28
by imprisonment for twelve years or more, or any combination of such crimes, the29 SB NO. 237
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words in boldface type and underscored are additions.
person shall be imprisoned for the remainder of his natural life, without benefit of1
parole, probation, or suspension of sentence.2
* * *3
G. Any sentence imposed under the provisions of this Section for a crime of4
violence under R.S. 14:2(B) or a sex offense as defined in R.S. 15:540 et seq.5
when the victim is under the age of eighteen at the time of commission of the6
offense shall be at hard labor without benefit of probation or suspension of sentence.7
* * *8
Section 2. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
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. SB NO. 237
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(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))