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)