The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
Mills (SB 352)
Proposed law provides that a sentencing court may depart from an applicable mandatory
minimum sentence or a sentence of imprisonment that is otherwise to be imposed without benefit
of parole, probation, or suspension of sentence if the court, based on substantial and compelling
reasons in the record, and giving due regard to the nature of the crime, the defendant's history and
character, and the defendant's chances of successful rehabilitation, finds both of the following:
(1)Imposition of the mandatory minimum sentence or the benefit restrictions would result in
substantial injustice to the defendant.
(2)Imposition of the mandatory minimum sentence or the benefit restrictions is not necessary
for the protection of the public.
Proposed law provides that proposed law does not apply under any of the following
circumstances:
(1)The offense included the use, attempted use, or threatened use of a dangerous weapon by
the defendant against another person or resulted in the serious bodily injury of another
person.
(2)The offense involved a sex offense as defined in present law against a person under the
age of 18 years.
(3)The offense is punishable by life imprisonment without parole, probation, or suspension
of sentence.
Effective August 1, 2014.
(Adds C.Cr.P. Art. 890.3)