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 Page 2 of 2 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))