SLS 14RS-678 ORIGINAL
Page 1 of 13
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. 286
BY SENATOR MURRAY
CRIME/PUNISHMENT. Provides relative to sentences imposed on crimes of violence.
(8/1/14)
AN ACT1
To amend and reenact Code of Criminal Procedure Article 893(A) and (E)(1)(b), R.S.2
13:5304(B)(10)(a) and (b), and R.S. 15:529.1(A)(3)(b), 571.3(A)(1), (B)(1)(a) and3
(2) and (D), 574.2(C)(2)(a), 574.4(A)(1)(b)(i) and (4)(a) and (B)(1),4
574.9(G)(1)(b)(i), 827.1(E)(3) and (4), 833.1(D), and 1199.7(C), and to enact Code5
of Criminal Procedure Article 890.3 and R.S. 15:827.1(E)(5) and 1199.7(D), relative6
to sentencing for crimes of violence; to provide relative to suspension of sentence7
and probation in certain felony cases; to provide relative to drug division probation8
programs; to provide relative to sentencing of certain habitual offenders; to provide9
relative to diminution of sentence under certain circumstances; to provide relative10
to parole eligibility and revocation; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. Code of Criminal Procedure Article 893(A) and (E)(1)(b) are hereby13
amended and reenacted, and Code of Criminal Procedure Article 890.3 is hereby enacted,14
to read as follows: 15
Art. 890.3. Sentence imposed on a crime of violence16
A. In accordance with Paragraphs B and C of this Article, when a court17 SB NO. 286
SLS 14RS-678 ORIGINAL
Page 2 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
imposes a sentence it shall state in the sentencing minutes whether the offender1
is sentenced for a crime of violence as defined or enumerated in R.S. 14:2(B).2
B. The court shall designate the following as crimes of violence in the3
sentencing minutes:4
(1) R.S. 14:28.1, solicitation for murder.5
(2) R.S. 14:30, first degree murder.6
(3) R.S. 14:30.1, second degree murder.7
(4) R.S. 14:31, manslaughter.8
(5) R.S. 14:34.6, disarming of a peace officer.9
(6) R.S. 14:34.7, aggravated second degree battery.10
(7) R.S. 14:37.1, assault by drive-by shooting.11
(8) R.S. 14:37.4, aggravated assault with a firearm.12
(9) R.S. 14:42, aggravated rape.13
(10) R.S. 14:42.1, forcible rape.14
(11) R.S. 14:43, simple rape.15
(12 R.S. 14:43.1, sexual battery.16
(13) R.S. 14:43.2, second degree sexual battery.17
(14) R.S. 14:43.5, intentional exposure to AIDS virus.18
(15) R.S. 14:44, aggravated kidnapping.19
(16) R.S. 14:44.1, second degree kidnapping.20
(17) R.S. 14:46.2, human trafficking.21
(18) R.S. 14:46.3, trafficking of children for sexual purposes.22
(19) R.S. 14:51, aggravated arson.23
(20) R.S. 14:62.8, home invasion.24
(21) R.S. 14:64, armed robbery.25
(22) R.S. 14:64.2, carjacking.26
(23) R.S. 14:64.3, armed robbery using a firearm.27
(24) R.S. 14:64.4, second degree robbery.28
(25) R.S. 14:78.1, aggravated incest.29 SB NO. 286
SLS 14RS-678 ORIGINAL
Page 3 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(26) R.S. 14:93.2.3, second degree cruelty to juveniles.1
(27) R.S. 14:128.1, terrorism.2
C. The court may designate any other crime of violence defined or3
enumerated in R.S. 14:2(B) or attempts to commit any other crime of violence4
defined or enumerated in R.S. 14:2(B) as a crime of violence in the sentencing5
minutes upon the written recommendation of the prosecution.6
* * *7
Art. 893. Suspension and deferral of sentence and probation in felony cases8
A. When it appears that the best interest of the public and of the defendant9
will be served, the court, after a first or second conviction of a noncapital felony,10
may suspend, in whole or in part, the imposition or execution of either or both11
sentences, where suspension is allowed under the law, and in either or both cases12
place the defendant on probation under the supervision of the division of probation13
and parole. The court shall not suspend the sentence of a conviction for a crime of14
violence as defined in R.S. 14:2(B)(1), (2), (3), (4), (5), (9), (10), (11), (12), (13),15
(14), (15), (16), (18), (20), (21), (22), (26), (27), or (28), or provided in Code of16
Criminal Procedure Article 890.1(B), or suspend the sentence of a second17
conviction if the second conviction is for a violation of R.S. 14:73.5, 81.1, or 81.2.18
The period of probation shall be specified and shall not be less than one year nor19
more than five years. The suspended sentence shall be regarded as a sentence for the20
purpose of granting or denying a new trial or appeal. Supervised release as provided21
for by Chapter 3-E of Title 15 of the Louisiana Revised Statutes of 1950 shall not be22
considered probation and shall not be limited by the five-year period for probation23
provided for by the provisions of this Paragraph.24
* * *25
E.(1) * * *26
(b) The court shall not defer a sentence under this provision for an offense or27
an attempted offense which is defined or enumerated as a crime of violence under28
R.S. 14:2(B) or a that is a sex offense as defined by R.S. 15:541 , involving a child29 SB NO. 286
SLS 14RS-678 ORIGINAL
Page 4 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
under the age of seventeen years, or for a violation of the Uniform Controlled1
Dangerous Substances Law that is punishable by a term of imprisonment of more2
than five years, or for a violation of R.S. 40:966(A), 967(A), 968(A), 969(A), or3
970(A), or for a defendant who was sentenced for a crime of violence as4
provided by Code of Criminal Procedure Article 890.3.5
* * *6
Section 2. R.S. 13:5304(B)(10)(a) and (b) are hereby amended and reenacted to read7
as follows:8
§5304. The drug division probation program9
* * *10
B. Participation in probation programs shall be subject to the following11
provisions:12
* * *13
(10) In order to be eligible for the drug division probation program, the14
defendant must satisfy each of the following criteria:15
(a) The defendant cannot have any prior felony convictions for any offenses16
defined as crimes of violence in R.S. 14:2(B) have been previously sentenced for17
a crime of violence as provided in Code of Criminal Procedure Article 890.3.18
(b) The crime before the court cannot be a crime of violence as defined in19
R.S. 14:2(B), including domestic violence is not domestic violence or the20
defendant will not be sentenced for a crime including domestic violence.21
* * *22
Section 3. R.S. 15:529.1(A)(3)(b), 571.3(A)(1), (B)(1)(a) and (2) and (D),23
574.2(C)(2)(a), 574.4(A)(1)(b)(i) and (4)(a) and (B)(1), 574.9(G)(1)(b)(i), 827.1(E)(3) and24
(4), 833.1(D), and 1199.7(C) are hereby amended and reenacted and R.S. 15:827.1(E)(5) and25
1199.7(D) are hereby enacted to read as follows:26
§529.1. Sentences for second and subsequent offenses; certificate of warden or clerk27
of court in the state of Louisiana as evidence28
A. Any person who, after having been convicted within this state of a felony,29 SB NO. 286
SLS 14RS-678 ORIGINAL
Page 5 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
or who, after having been convicted under the laws of any other state or of the1
United States, or any foreign government of a crime which, if committed in this state2
would be a felony, thereafter commits any subsequent felony within this state, upon3
conviction of said felony, shall be punished as follows:4
* * *5
(3) If the third felony is such that upon a first conviction, the offender would6
be punishable by imprisonment for any term less than his natural life then:7
* * *8
(b) If the third felony and the two prior felonies are felonies defined as such9
that the person was sentenced for a crime of violence under R.S. 14:2(B), as10
provided in Code of Criminal Procedure Article 890.3, or defined or11
enumerated as a sex offense as defined in R.S. 15:540 et seq. when the victim is12
under the age of eighteen at the time of commission of the offense, or as a violation13
of the Uniform Controlled Dangerous Substances Law punishable by imprisonment14
for ten years or more, or any other crimes punishable by imprisonment for twelve15
years or more, or any combination of such crimes, the person shall be imprisoned for16
the remainder of his natural life, without benefit of parole, probation, or suspension17
of sentence.18
* * *19
§571.3. Diminution of sentence for good behavior20
A.(1) Every prisoner in a parish prison convicted of an offense and sentenced21
to imprisonment without hard labor, except a prisoner convicted a second time of for22
a crime of violence as defined by R.S. 14:2(B) provided in Code of Criminal23
Procedure Article 890.3, may earn a diminution of sentence, to be known as "good24
time", by good behavior and performance of work or self-improvement activities, or25
both. The amount of diminution of sentence allowed under this Paragraph shall be26
at the rate of thirty days for every thirty days in actual custody, except for a prisoner27
convicted sentenced a first time of for a crime of violence, as defined in R.S.28
14:2(B) provided in Code of Criminal Procedure Article 890.3, who shall earn29 SB NO. 286
SLS 14RS-678 ORIGINAL
Page 6 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
diminution of sentence at the rate of three days for every seventeen days in actual1
custody held on the imposed sentence, including, in either case, time spent in custody2
with good behavior prior to sentencing for the particular sentence imposed as3
authorized by Code of Criminal Procedure Article 880.4
* * *5
B.(1)(a) Unless otherwise prohibited, every inmate in the custody of the6
department who has been convicted of a felony, except an inmate convicted7
sentenced a second time of for a crime of violence as defined by R.S. 14:2(B)8
provided in Code of Criminal Procedure Article 890.3, and sentenced to9
imprisonment for a stated number of years or months, may earn, in lieu of incentive10
wages, a diminution of sentence by good behavior and performance of work or11
self-improvement activities, or both, to be known as "good time". Those inmates12
serving life sentences will be credited with good time earned which will be applied13
toward diminution of their sentences at such time as the life sentences might be14
commuted to a specific number of years. The secretary shall establish regulations for15
awarding and recording of good time and shall determine when good time has been16
earned toward diminution of sentence. The amount of diminution of sentence17
allowed under the provisions of this Section shall be at the rate of one and one half-18
day for every one day in actual custody served on the imposed sentence, including19
time spent in custody with good behavior prior to sentencing for the particular20
sentence imposed as authorized by the provisions of Code of Criminal Procedure21
Article 880.22
* * *23
(2) An inmate convicted sentenced a first time of for a crime of violence as24
defined in R.S. 14:2(B), provided in Code of Criminal Procedure Article 890.325
shall earn diminution of sentence at a rate of three days for every seventeen days in26
actual custody held on the imposed sentence, including time spent in custody with27
good behavior prior to sentencing for the particular sentence imposed as authorized28
by Code of Criminal Procedure Article 880.29 SB NO. 286
SLS 14RS-678 ORIGINAL
Page 7 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
* * *1
D. Diminution of sentence shall not be allowed an inmate in the custody of2
the Department of Public Safety and Corrections if the instant offense is a second3
offense sentencing for a crime of violence as defined by R.S. 14:2(B) provided in4
Code of Criminal Procedure Article 890.3.5
* * *6
§574.2. Committee on parole, Board of Pardons; membership; qualifications;7
vacancies; compensation; domicile; venue; meetings; quorum;8
panels; powers and duties; transfer of property to committee;9
representation of applicants before the committee; prohibitions10
* * *11
C. * * *12
(2) The committee may grant parole with two votes of a three-member panel,13
or, if the number exceeds a three-member panel, a majority vote of those present if14
all of the following conditions are met:15
(a) The offender has not been convicted of sentenced for a crime of violence16
as defined in R.S. 14:2(B) provided in Code of Criminal Procedure Article 890.317
or convicted of a sex offense as defined or enumerated in R.S. 15:541, or convicted18
of an offense which would constitute a crime of violence as defined in R.S. 14:2(B)19
or a sex offense as defined in R.S. 15:541, regardless of the date of conviction.20
* * *21
§574.4. Parole; eligibility22
A.(1) * * *23
(b)(i) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,24
a person, otherwise eligible for parole, convicted of a first felony offense shall be25
eligible for parole consideration upon serving twenty-five percent of the sentence26
imposed. The provisions of this Subparagraph shall not apply to any person who has27
been convicted of sentenced for a crime of violence as defined in R.S. 14:2(B)28
provided in Code of Criminal Procedure Article 890.3, has been convicted of a29 SB NO. 286
SLS 14RS-678 ORIGINAL
Page 8 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
sex offense as defined or enumerated in R.S. 15:541, has been sentenced as a1
habitual offender pursuant to R.S. 15:529.1, or is otherwise ineligible for parole.2
* * *3
(4) Notwithstanding any other provision of law to the contrary, unless eligible4
for parole at an earlier date, a person committed to the Department of Public Safety5
and Corrections for a term or terms of imprisonment with or without benefit of6
parole who has served at least ten years of the term or terms of imprisonment in7
actual custody shall be eligible for parole consideration upon reaching the age of8
sixty years if all of the following conditions are met:9
(a) The offender has not been convicted of sentenced for a crime of violence10
as defined in R.S. 14:2(B) provided in Code of Criminal Procedure Article 890.311
or convicted of a sex offense as defined or enumerated in R.S. 15:541, or convicted12
of an offense which would constitute a crime of violence as defined in R.S. 14:2(B)13
or a sex offense as defined in R.S. 15:541, regardless of the date of conviction.14
* * *15
B.(1) No person shall be eligible for parole consideration who has been16
convicted of armed robbery and denied parole eligibility under the provisions of R.S.17
14:64. Except as provided in Paragraph (2) of this Subsection, and except as18
provided in Subsections D and E of this Section, no prisoner serving a life sentence19
shall be eligible for parole consideration until his life sentence has been commuted20
to a fixed term of years. No prisoner sentenced as a serial sexual offender shall be21
eligible for parole. No prisoner may be paroled while there is pending against him22
any indictment or information for any crime suspected of having been committed by23
him while a prisoner. Notwithstanding any other provisions of law to the contrary,24
a person convicted of sentenced for a crime of violence as provided in Code of25
Criminal Procedure Article 890.3 and not otherwise ineligible for parole shall26
serve at least eighty-five percent of the sentence imposed, before being eligible for27
parole. The victim or victim's family shall be notified whenever the offender is to28
be released provided that the victim or victim's family has completed a Louisiana29 SB NO. 286
SLS 14RS-678 ORIGINAL
Page 9 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
victim notice and registration form as provided in R.S. 46:1841 et seq., or has1
otherwise provided contact information and has indicated to the Department of2
Public Safety and Corrections, Crime Victims Services Bureau, that they desire such3
notification.4
* * *5
§574.9. Revocation of parole for violation of condition; committee panels; return to6
custody hearing; duration of reimprisonment and reparole after7
revocation; credit for time served; revocation for a technical violation8
* * *9
G.(1) * * *10
(b) The provisions of Subparagraph (a) of this Paragraph shall not apply to11
the following offenders:12
(i) Any offender released on parole for the conviction of a crime of violence13
as defined in R.S. 14:2(B) provided in Code of Criminal Procedure Article 890.3.14
* * *15
§827.1. Reentry preparation program; establishment16
* * *17
E. * * *18
(3) An offender convicted of any of the following offenses shall not be19
eligible for participation in the program:20
(a) A sex offense as defined in R.S. 15:541(24).21
(b) A crime of violence as defined in R.S. 14:2(B).22
(c) (b) A habitual offender in accordance with R.S. 15:529.1.23
(4) An offender sentenced for a crime of violence as provided in Code of24
Criminal Procedure Article 890.3 shall not be eligible for participation in the25
program.26
(5) An offender who is eligible for participation in the entrepreneurial skills27
curriculum may be selected for participation based upon the following criteria:28
(a) The skills, interests, and abilities of the offender.29 SB NO. 286
SLS 14RS-678 ORIGINAL
Page 10 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(b) The availability of training facilities, instructors, and the number of1
offenders enrolled in the program.2
(c) The staff at the adult reception and diagnostic centers, after a thorough3
evaluation, determine that the offender is suitable and appropriate for participation4
in the program.5
(d) The secretary, or his designee, determines that the offender meets the6
guidelines and criteria established by rule for participation in the program.7
(e) The secretary, or his designee, after an evaluation, determines that the8
offender is particularly likely to respond affirmatively to participation in the9
program.10
(f) The offender meets other conditions of participation or rules or regulations11
adopted by the department.12
(g) The offender voluntarily enrolls in the program after having been advised13
by the department of the rules and regulations governing participation in the14
program.15
* * *16
§833.1. Community resource centers; participation; conditions17
* * *18
D. An inmate in the custody of the Department of Public Safety and19
Corrections shall not be eligible to participate in the community resource centers if20
the inmate has been convicted of a crime defined or enumerated as sentenced for a21
crime of violence in R.S. 14:2(B) as provided in Code of Criminal Procedure22
Article 890.3 or the inmate has been convicted of a sex offense as defined or23
enumerated in R.S. 15:541.24
* * *25
§1199.7. Inmate eligibility for program; prohibitions26
* * *27
C. An inmate convicted of any of the following offenses shall not be eligible28
for participation in the program:29 SB NO. 286
SLS 14RS-678 ORIGINAL
Page 11 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(1) A sex offense as defined in R.S. 15:541.1
(2) A crime of violence as defined in R.S. 14:2(B).2
(3) (2) A habitual offender in accordance with R.S. 15:529.1.3
D. An inmate sentenced for a crime of violence as provided in Code of4
Criminal Procedure Article 890.3 shall not be eligible for participation in the5
program. 6
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Murray (SB 286)
Present law defines and enumerates certain "crimes of violence."
Proposed law retains present law.
Proposed law provides that when a court imposes a sentence it is to state in the sentencing
minutes whether the offender is sentenced for a crime of violence as defined or enumerated
in present law.
Proposed law sets forth the following list of present law crimes that are to be designated by
the court as crimes of violence in the sentencing minutes:
(1)Solicitation for murder.
(2)First degree murder.
(3)Second degree murder.
(4)Manslaughter.
(5)Disarming of a peace officer.
(6)Aggravated second degree battery.
(7)Assault by drive-by shooting.
(8)Aggravated assault with a firearm.
(9)Aggravated rape.
(10)Forcible rape.
(11)Simple rape.
(12)Sexual battery.
(13)Second degree sexual battery.
(14)Intentional exposure to AIDS virus. SB NO. 286
SLS 14RS-678 ORIGINAL
Page 12 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(15)Aggravated kidnapping.
(16)Second degree kidnapping.
(17)Human trafficking.
(18)Trafficking of children for sexual purposes.
(19)Aggravated arson.
(20)Home invasion.
(21)Armed robbery.
(22)Carjacking.
(23)Armed robbery using a firearm.
(24)Second degree robbery.
(25)Aggravated incest.
(26)Second degree cruelty to juveniles.
(27)Terrorism.
Proposed law provides that the court may designate any other crime of violence defined or
enumerated in present law as a crime of violence in the sentencing minutes upon the written
recommendation of the prosecution.
Present law provides relative to suspension and deferral of sentences and probation in felony
cases and makes reference to present law crimes of violence.
Proposed law changes references to crimes of violence in present law to correspond to
references to crimes of violence in proposed law relative to sentencing for crimes of violence
in sentencing minutes. Proposed law otherwise retains present law.
Present law provides relative to drug division probation programs and the ineligibility of
certain defendants to participate in such programs if convicted of a crime of violence.
Proposed law changes references to crimes of violence in present law to correspond to
references to crimes of violence in proposed law relative to sentencing for crimes of violence
in sentencing minutes. Proposed law otherwise retains present law.
Present law provides relative to the sentencing of habitual offenders and provides relative
to sentencing offenders convicted of third offenses that are crimes of violence under present
law.
Proposed law changes references to crimes of violence in present law to correspond to
references to crimes of violence in proposed law relative to sentencing for crimes of violence
in sentencing minutes. Proposed law otherwise retains present law.
Present law provides relative to diminution of sentence for good behavior and further
provides that diminution of sentence is not allowed for an inmate if the instant offense is
second offense crime of violence as defined by present law.
Proposed law changes references to crimes of violence in present law to correspond to
references to crimes of violence in proposed law relative to sentencing for crimes of violence SB NO. 286
SLS 14RS-678 ORIGINAL
Page 13 of 13
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
in sentencing minutes. Proposed law otherwise retains present law.
Present law provides relative to the Board of Pardons and the committee on parole. Present
law further provides that the committee on parole may grant parole under certain
circumstances, provided that the offender has not been convicted of a crime of violence as
defined in present law or a sex offense as defined in present law.
Proposed law changes references to crimes of violence in present law to correspond to
references to crimes of violence in proposed law relative to sentencing for crimes of violence
in sentencing minutes. Proposed law otherwise retains present law.
Present law provides relative to parole eligibility and provides that to be eligible for parole
under certain circumstances, the offender cannot have been convicted of a crime of violence
as defined in present law.
Proposed law changes references to crimes of violence in present law to correspond to
references to crimes of violence in proposed law relative to sentencing for crimes of violence
in sentencing minutes. Proposed law otherwise retains present law.
Proposed law provides relative to revocation of parole for violation of conditions of parole.
Proposed law changes references to crimes of violence in present law to correspond to
references to crimes of violence in proposed law relative to sentencing for crimes of violence
in sentencing minutes. Proposed law otherwise retains present law.
Present law provides relative to inmate reentry preparation programs.
Proposed law changes references to crimes of violence in present law to correspond to
references to crimes of violence in proposed law relative to sentencing for crimes of violence
in sentencing minutes. Proposed law otherwise retains present law.
Present law provides an inmate entrepreneurial educational curriculum to eligible offenders,
and further provides that an offender convicted of a crime of violence as defined in present
law is not eligible for participation in the program.
Proposed law changes references to crimes of violence in present law to correspond to
references to crimes of violence in proposed law relative to sentencing for crimes of violence
in sentencing minutes. Proposed law otherwise retains present law.
Present law provides relative to community resource centers for inmates.
Proposed law changes references to crimes of violence in present law to correspond to
references to crimes of violence in proposed law relative to sentencing for crimes of violence
in sentencing minutes. Proposed law otherwise retains present law.
Present law provides relative to the eligibility for certain inmate rehabilitation programs.
Proposed law changes references to crimes of violence in present law to correspond to
references to crimes of violence in proposed law relative to sentencing for crimes of violence
in sentencing minutes. Proposed law otherwise retains present law.
Effective August 1, 2014.
(Amends C.Cr.P. Art. 893(A) and (E)(1)(b), R.S. 13:5304(B)(10)(a) and (b), and R.S.
15:529.1(A)(3)(b), 571.3(A)(1), (B)(1)(a) and (2) and (D), 574.2(C)(2)(a), 574.4(A)(1)(b)(i)
and (4)(a) and (B)(1), 574.9(G)(1)(b)(i), 827.1(E)(3) and (4), 833.1(D), and 1199.7(C); adds
C.Cr.P. Art. 890.3 and R.S. 15:827.1(E)(5) and 1199.7(D))