SLS 14RS-497 ORIGINAL
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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. 87
BY SENATOR CLAITOR
CONTROL DANGER SUBSTANCE. Increases the maximum term of imprisonment for
possession or distribution of heroin to 99 years. (gov sig)
AN ACT1
To amend and reenact R.S. 40:966(B), relative to penalties for certain drug offenses; to2
increase the maximum term of imprisonment allowed for the manufacture,3
distribution, or possession with intent to distribute heroin to ninety-nine years; and4
to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:966(B) is hereby amended and reenacted to read as follows:7
ยง966. Penalty for distribution or possession with intent to distribute narcotic drugs8
listed in Schedule I; possession of marijuana, possession of synthetic9
cannabinoids, possession of heroin10
* * *11
B. Penalties for violation of Subsection A of this Section. Any person who12
violates Subsection A of this Section with respect to:13
(1) Except as otherwise provided in Paragraph (4) of this Subsection, a14
A substance classified in Schedule I which that is a narcotic drug (all substances in15
Schedule I preceded by an asterisk "*"), upon conviction shall be sentenced to16
imprisonment at hard labor for not less than five nor more than fifty years, at hard17 SB NO. 87
SLS 14RS-497 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
labor at least five years of which shall be served without benefit of probation, or1
suspension of sentence, and may, in addition, be required to pay a fine of not more2
than fifty thousand dollars.3
(2) Except as otherwise provided in Paragraph (3) of this Subsection, any4
other controlled dangerous substance classified in Schedule I, shall upon conviction5
shall be sentenced to a term of imprisonment at hard labor for not less than five6
years nor more than thirty years, at least five years of which shall be served without7
benefit of parole, probation, or suspension of sentence, and pay a fine of not more8
than fifty thousand dollars.9
(3) A substance classified in Schedule I which that is marijuana,10
tetrahydrocannabinols, or chemical derivatives of tetrahydrocannabinols, or synthetic11
cannabinoids shall upon conviction shall be sentenced to a term of imprisonment at12
hard labor for not less than five nor more than thirty years, and pay a fine of not13
more than fifty thousand dollars.14
(4) A substance classified in Schedule I that is the narcotic drug heroin15
or a mixture or substance containing a detectable amount of heroin or of its16
analogues upon conviction shall be sentenced to a term of imprisonment at hard17
labor for not less than five nor more than ninety-nine years, at least five years18
of which shall be served without benefit of probation or suspension of sentence,19
and may, in addition, be required to pay a fine of not more than fifty thousand20
dollars.21
* * *22
Section 2. This Act shall become effective upon signature by the governor or, if not23
signed by the governor, upon expiration of the time for bills to become law without signature24
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If25
vetoed by the governor and subsequently approved by the legislature, this Act shall become26
effective on the day following such approval.27 SB NO. 87
SLS 14RS-497 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
Claitor (SB 87)
Present law provides that any person convicted of manufacturing, distributing, or possessing
with the intent to distribute certain narcotic drugs, including heroin, is to be sentenced to
imprisonment at hard labor for a term of not less than five nor more than 50 years, at least
five years of which must be served without benefit of probation or suspension of sentence,
and may also be fined up to $50,000.
Proposed law increases the maximum term of imprisonment at hard labor for the
manufacture, distribution, or possession with intent to distribute heroin from 50 years to 99
years.
Proposed law otherwise retains present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:966(B))