Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB396 Introduced / Bill

                    SLS 14RS-209	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. 396
BY SENATOR MILLS 
CRIME/PUNISHMENT.  Provides for judge's discretion in sentencing nonviolent offenders.
(gov sig)
AN ACT1
To enact Chapter 4 of Title XXX of the Code of Criminal Procedure, to be comprised of2
Article 906, relative to sentencing of criminal defendants; to provide for sentencing3
of nonviolent offenders at discretion of the court; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Chapter 4 of Title XXX of the Code of Criminal Procedure, to be6
comprised of Article 906, is hereby enacted to read as follows:7
CHAPTER 4.  LOUISIANA NONVIOLENT CRIMINAL REFORM ACT8
Art. 906.  Sentencing nonviolent offenders at discretion of court9
A. This Article shall be known and may be cited as the "Louisiana10
Nonviolent Criminal Reform Act".11
B. Notwithstanding any other provision of law to the contrary, the12
sentencing of the defendant, other than a defendant convicted of a crime of13
violence as defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541,14
shall be at the sole discretion of the court.  However, in no case shall the15
sentence imposed exceed the maximum sentence set forth in the statute under16
which the defendant was convicted.17 SB NO. 396
SLS 14RS-209	ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Section 2. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
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 396)
Present law provides certain mandatory minimum sentences for certain present law crimes.
Proposed law provides that, notwithstanding any other provision of present law to the
contrary, the sentencing of a defendant, other than a defendant convicted of a "crime of
violence" or a "sex offense" as defined in present law, is at the sole discretion of the court.
Proposed law further provides that in no case can the sentence imposed exceed the maximum
sentence set forth in present law under which the defendant was convicted.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds C.Cr.P. Art. 906)