Louisiana 2014 Regular Session

Louisiana Senate Bill SB87 Latest Draft

Bill / Chaptered Version

                            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	ENROLLED
SENATE BILL NO. 87
BY SENATORS CLAITOR, ALARIO, AMEDEE, DONAHUE, ERDEY, GARY SMITH,
TARVER AND WARD 
AN ACT1
To amend and reenact R.S. 40:966(B)(1) and to enact R.S. 40:966(B)(4), relative to certain2
drug offenses; to increase the maximum term of imprisonment allowed for the3
manufacture, distribution, or possession with intent to distribute heroin to ninety-4
nine years; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:966(B)(1) is hereby amended and reenacted and R.S.7
40:966(B)(4) is hereby enacted to read as follows:8
ยง966. Penalty for distribution or possession with intent to distribute narcotic drugs9
listed in Schedule I; possession of marijuana, possession of synthetic10
cannabinoids, possession of heroin11
*          *          *12
B. Penalties for violation of Subsection A of this Section. Any person who13
violates Subsection A of this Section with respect to:14
(1) Except as otherwise provided in Paragraph (4) of this Subsection, a15
A substance classified in Schedule I which that is a narcotic drug (all substances in16
Schedule I preceded by an asterisk "*"), upon conviction shall be sentenced to17
imprisonment at hard labor for not less than five ten nor more than fifty years, at18
hard labor at least five ten years of which shall be served without benefit of19
probation, or suspension of sentence, and may, in addition, be required to pay a fine20
of not more than fifty thousand dollars.21
*          *          *22
(4)(a) A substance classified in Schedule I that is the narcotic drug heroin23
or a mixture or substance containing a detectable amount of heroin or of its24
analogues upon conviction of a first offense shall be sentenced to a term of25
ACT No. 368 SB NO. 87	ENROLLED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
imprisonment at hard labor for not less than ten nor more than fifty years, at1
least ten years of which shall be served without benefit of probation or2
suspension of sentence, and may, in addition, be required to pay a fine of not3
more than fifty thousand dollars.4
(b) A substance classified in Schedule I that is the narcotic drug heroin5
or a mixture or substance containing a detectable amount of heroin or of its6
analogues upon conviction of a second or subsequent offense shall be sentenced7
to a term of imprisonment at hard labor for not less than ten nor more than8
ninety-nine years, at least ten years of which shall be served without benefit of9
probation or suspension of sentence, and may, in addition, be required to pay10
a fine of not more than fifty thousand dollars.11
*          *          *12
Section 2. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for bills to become law without signature14
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If15
vetoed by the governor and subsequently approved by the legislature, this Act shall become16
effective on the day following such approval.17
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: