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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. 9
BY SENATOR AMEDEE
CRIME/PUNISHMENT. Increases penalties for manufacture, distribution, or possession
with intent to distribute heroin. (gov sig)
AN ACT1
To amend and reenact R.S. 40:966(B), relative to penalties for certain drug offenses; to2
increase the term of imprisonment for the manufacture, distribution, or possession3
with intent to distribute heroin; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 40:966(B) is hereby amended and reenacted to read as follows: 6
ยง966. Penalty for distribution or possession with intent to distribute narcotic drugs7
listed in Schedule I; possession of marijuana, possession of synthetic8
cannabinoids; possession of heroin9
* * *10
B. Penalties for violation of Subsection A of this Section. Any person who11
violates Subsection A of this Section with respect to:12
(1) Except as otherwise provided in Paragraph (3) of this Subsection, a13
A substance classified in Schedule I which that is a narcotic drug (all substances in14
Schedule I preceded by an asterisk "*"), upon conviction shall be sentenced to15
imprisonment at hard labor for not less than five nor more than fifty years, at hard16
labor at least five years of which shall be served without benefit of probation, or17 SB NO. 9
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
suspension of sentence, and may, in addition, be required to pay a fine of not more1
than fifty thousand dollars.2
(2) Except as otherwise provided in Paragraph (3) (4) of this Subsection, any3
other controlled dangerous substance classified in Schedule I, shall upon conviction4
shall be sentenced to a term of imprisonment at hard labor for not less than five5
years nor more than thirty years, at least five years of which shall be served without6
benefit of parole, probation, or suspension of sentence, and pay a fine of not more7
than fifty thousand dollars.8
(3) A substance classified in Schedule I that is the narcotic drug heroin9
or a mixture or substance containing a detectable amount of heroin or of its10
analogues upon conviction shall be sentenced to a term of imprisonment at hard11
labor for not less than ten nor more than ninety-nine years, at least five years12
of which shall be served without benefit of probation or suspension of sentence,13
and may, in addition, be required to pay a fine of not more than fifty thousand14
dollars.15
(4) A substance classified in Schedule I which that is marijuana,16
tetrahydrocannabinols, or chemical derivatives of tetrahydrocannabinols, or synthetic17
cannabinoids shall upon conviction shall be sentenced to a term of imprisonment at18
hard labor for not less than five nor more than thirty years, and pay a fine of not19
more than fifty thousand dollars.20
* * *21
Section 2. This Act shall become effective upon signature by the governor or, if not22
signed by the governor, upon expiration of the time for bills to become law without signature23
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If24
vetoed by the governor and subsequently approved by the legislature, this Act shall become25
effective on the day following such approval.26 SB NO. 9
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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
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 term of imprisonment at hard labor for the manufacture,
distribution, or possession with intent to distribute heroin from a term of not less than five
nor more than 50 years to a term of not less than 10 nor more than 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))