Claitor (SB 87) Act No. 368
Prior law provided 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.
New law increases the minimum term of imprisonment from five to 10 years except as
provided in new law for heroin or of its analogues.
New law provides penalties for manufacture, distribution or possession with intent to
distribute heroin, upon first conviction, of imprisonment at hard labor for not less than 10
nor more than 50 years, at least 10 years to be served without benefit of probation or
suspension of sentence and may be subject to a fine of not more than $50,000.
New law provides that as to manufacturer, distribution or possession with intent to distribute
the narcotic drug heroin or a mixture or substance containing a detectable amount of heroin
or of its analogues, upon conviction of a second or subsequent offense requires the offender
to be sentenced to a term of imprisonment at hard labor for not less than 10 nor more than
99 years, at least 10 years of which shall be served without benefit of probation or
suspension of sentence, and may, in addition, be required to pay a fine of not more than
$50,000.
Effective upon signature of the governor.
(Amends R.S. 40:966(B)(1); adds R.S. 40:966(B)(4))