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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. 380
BY SENATORS LAFLEUR AND MURRAY
CRIME/PUNISHMENT. Provides relative to mandatory minimum sentences. (8/1/14)
AN ACT1
To amend and reenact Code of Criminal Procedure Article 890.1(D), relative to sentencing;2
to provide relative to waiver of mandatory minimum sentences; and to provide for3
related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Criminal Procedure Article 890.1(D) is hereby amended and6
reenacted to read as follows: 7
Art. 890.1. Waiver of minimum mandatory sentences; procedure; exceptions8
* * *9
D. Nothing in this Article shall apply to a crime of violence as defined in R.S.10
14:2(B) or a sex offense as defined in R.S. 15:541 the following offenses:11
(1) R.S. 14:28.1, solicitation for murder.12
(2) R.S. 14:30, first degree murder.13
(3) R.S. 14:30.1, second degree murder.14
(4) R.S. 14:31, manslaughter.15
(5) R.S. 14:34.6, disarming of a peace officer.16
(6) R.S. 14:34.7, aggravated second degree battery.17 SB NO. 380
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(7) R.S. 14:37.1, assault by drive-by shooting.1
(8) R.S. 14:37.4, aggravated assault with a firearm.2
(9) R.S. 14:42, aggravated rape.3
(10) R.S. 14:42.1, forcible rape.4
(11) R.S. 14:43, simple rape.5
(12) R.S. 14:43.1, sexual battery.6
(13) R.S. 14:43.2, second degree sexual battery.7
(14) R.S. 14:43.5, intentional exposure to AIDS virus.8
(15) R.S. 14:44, aggravated kidnapping.9
(16) R.S. 14:44.1, second degree kidnapping.10
(17) R.S. 14:46.2, human trafficking.11
(18) R.S. 14:46.3, trafficking of children for sexual purposes.12
(19) R.S. 14:51, aggravated arson.13
(20) R.S. 14:62.8, home invasion.14
(21) R.S. 14:64, armed robbery.15
(22) R.S. 14:64.2, carjacking.16
(23) R.S. 14:64.3, armed robbery using a firearm.17
(24) R.S. 14:64.4, second degree robbery.18
(25) R.S. 14:78.1, aggravated incest.19
(26) R.S. 14:93.2.3, second degree cruelty to juveniles.20
(27) R.S. 14:128.1, terrorism.21
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
LaFleur (SB 380)
Present law provides relative to the waiver of mandatory minimum sentences under certain
circumstances. Present law further provides that the provisions of present law allowing
waiver of mandatory minimum sentences do not apply to any crime of violence as defined
in present law or to a sex offense as defined in present law.
Proposed law changes present law so that only the following present law crimes of violence
are excluded from the present law waiver provisions: SB NO. 380
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(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.
(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 otherwise retains present law. SB NO. 380
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Effective August 1, 2014.
(Amends C.Cr.P. Art. 890.1(D))