Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB383 Introduced / Bill

                    SLS 14RS-653	ORIGINAL
Page 1 of 2
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. 383
BY SENATORS LAFLEUR AND MILLS 
PROBATION/PAROLE.  Provides with respect to parole eligibility. (8/1/14)
AN ACT1
To amend and reenact R.S. 15:574.4(A)(1)(b)(ii), relative to parole eligibility; to provide2
relative to eligibility based upon years between offenses; and to provide for related3
matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 15:574.4(A)(1)(b)(ii) is hereby amended and reenacted to read as6
follows:7
ยง574.4.  Parole; eligibility8
A.(1) *          *          *9
(b)	*          *          *10
(ii) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, a11
person, otherwise eligible for parole, convicted of a second felony offense shall be12
eligible for parole consideration upon serving thirty-three and one-third percent of13
the sentence imposed. The current offense shall not be counted as a second or14
subsequent offense if more than ten years have lapsed between the date of the15
commission of the current offense or offenses and the expiration of the16
maximum sentence or sentences of the previous conviction or convictions, or17 SB NO. 383
SLS 14RS-653	ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
between the expiration of the maximum sentence or sentences of each preceding1
conviction and the date of the commission of the following offense or offenses.2
In computing the intervals of time, any period of parole, probation, or3
incarceration by a person in a penal institution, within or without the state shall4
not be included in the computation of any of the ten-year periods between the5
expiration of the maximum sentence or sentences and the next succeeding6
offense or offenses. The provisions of this Item shall not apply to any person who7
has been convicted of a crime of violence as defined in R.S. 14:2(B), has been8
convicted of a sex offense as defined in R.S. 15:541, has been sentenced as a habitual9
offender pursuant to R.S. 15:529.1, or is otherwise ineligible for parole.10
*          *          *11
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by James Benton.
DIGEST
LaFleur (SB 383)
Present law provides that a person, otherwise eligible for parole, convicted of a second
felony offense will be eligible for parole consideration upon serving 33 & 1/3% of the
sentence imposed. The provisions of present law do not apply to any person who has been
convicted of a crime of violence as defined in present law, has been convicted of a sex
offense, has been sentenced as a habitual offender, or is otherwise ineligible for parole.
Proposed law retains present law but provides an exception to an offense being considered
a second or subsequent offense if more than ten years have lapsed between the date of the
commission of the current offense or offenses and the expiration of the maximum sentence
or sentences of the previous conviction or convictions, or between the expiration of the
maximum sentence or sentences of each preceding conviction and the date of the
commission of the following offense or offenses.
Proposed law provides that for purposes of computing the intervals of time, any period of
parole, probation, or incarceration by a person in a penal institution, within or without the
state, will not be included in the computation of any of the ten-year periods between the
expiration of the maximum sentence or sentences and the next succeeding offense or
offenses.
Effective August 1, 2014.
(Amends R.S. 15:574.4(A)(1)(b)(ii))