Louisiana 2015 2015 Regular Session

Louisiana House Bill HB272 Comm Sub / Analysis

                    DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part of the
legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 272 Reengrossed 2015 Regular Session	Billiot
Abstract: Provides relative to the eligibility requirements for the Veterans Court program.
Present law excludes a defendant from participating in the Veterans Court program if the defendant's
crime being considered before the court is a crime of violence as defined in present law or if the
defendant has a prior felony offense or other pending criminal proceedings alleging commission of
a crime of violence.
Proposed law expands participation in the Veterans Court program by excluding only those
defendants whose crime before the court is a homicide or crime of violence unless the entire sentence
may be deferred or suspended.  Proposed law further excludes a crime of domestic abuse battery
unless it is defendant's first offense for domestic abuse battery and complies with the sentencing
requirements as provided for in present law. 
Proposed law further excludes participation in the program if the defendant has prior felony
convictions for any offenses defined as a homicide in present law or other pending criminal
proceedings alleging commission of a homicide or sex offense.
Proposed law requires consent of the victim before the defendant can be determined eligible if the
crime before the court is a crime of violence.
(Amends R.S. 13:5366(B)(9)(a) and (b); Adds R.S. 13:5366(B)(12))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original bill:
1. Change proposed law reference regarding prohibitions for the defendant to participate
in the program from "controlled dangerous substance" to "any other drug or drugs".
The House Floor Amendments to the engrossed bill:
1. Authorize expansion of the program to include a crime of violence unless the entire
sentence may be deferred or suspended.
2. Authorize a defendant to be eligible for the program if the crime before the court is the
defendant's first offense for domestic abuse battery and the defendant complies with sentencing requirements provided for in present law.
3. Require the consent of the victim before the defendant can be determined eligible if the
crime before the court is a crime of violence and is eligible for the program pursuant to
the provisions of proposed law.
4. Remove the exclusion of any sex offense that requires registration under present law for
a crime before the court.