Louisiana 2015 2015 Regular Session

Louisiana House Bill HB272 Comm Sub / Analysis

                    GREEN SHEET REDIGEST
HB 272	2015 Regular Session	Billiot
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
VETERANS:  Amends eligibility requirements to participate in the Veterans Court
program
DIGEST
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:
(1)Who have a prior felony conviction for homicide.
(2)Whose crime before the court is: (a) an offense defined as a homicide; (b) a sex
offense requiring registration; (c) a crime of violence, unless the entire sentence is
deferred or suspended pursuant to law; or (d) a second or subsequent offense for
domestic abuse battery.
Proposed law also excludes defendants who are before the court on a first offense for
domestic abuse battery, unless the defendant has complied with the domestic abuse battery
sentencing requirements in present law.
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.
Page 1 of 2
Prepared by Dawn Romero Watson. 4. Remove the exclusion of any sex offense that requires registration under present
law for a crime before the court.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
reengrossed bill
1. Adds an exclusion for defendants before the court on any sex offense that
requires registration.
Page 2 of 2
Prepared by Dawn Romero Watson.