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)]
CONFERENCE COMMITTEE REP ORT DIGEST
HB 264 2016 Regular Session Mack
Keyword and oneliner of the instrument as it left the House
JUVENILES/DELINQUENTS: Provides with respect to sentencing of juvenile offenders sentenced
to life imprisonment for certain offenses
Report rejects Senate amendments which would have:
1. Deleted the proposed law provision that provides parole eligibility for juvenile offenders
convicted of first or second degree murder prior to June 25, 2012, upon serving 35 years of
the sentence imposed and meeting certain other conditions.
2. Amended the present law provision that provides parole eligibility for juvenile offenders
convicted of first or second degree murder to remove the requirement that a sentencing
hearing be held to establish parole eligibility and to provide for retroactive and prospective
application of the law.
Report amends the bill to:
1. Provide parole eligibility for any person serving a sentence of life imprisonment for a
conviction of first or second degree murder who was under the age of 18 years at the time
of the commission of the offense and whose conviction became final prior to June 25, 2012,
if the person meets certain conditions, including the condition that he serve at least 30 years
of the sentence imposed. A sentencing hearing is not required to determine whether such
persons are eligible for parole.
2. Amend present law provision which provides parole eligibility for persons convicted of first
or second degree murder who were under the age of 18 at the time of the commission of the
offense and whose conviction became final on or after June 25, 2012, to decrease the number
of years such persons are required to serve prior to becoming eligible for parole from 35
years to 30 years. Retain the present law provision which requires a sentencing hearing to
determine whether such persons are eligible for parole.
3. Amend the present law provision to require that, upon motion by the district attorney within 180 days of obtaining an indictment, a sentencing hearing be held in any case where an
offender, who was under the age of 18 at the time of the commission of the offense, is to be
sentenced to life imprisonment for a conviction of first degree murder to determine whether
the sentence shall be imposed with or without parole eligibility.
4. Amend the present law provision to no longer require any juvenile offender who is to be
sentenced to life imprisonment for second degree murder, regardless of the date of
conviction, to be subject to the required sentencing hearing to determine parole eligibility,
and provide that such persons shall be eligible for parole upon serving 30 years of the
sentence imposed and meeting other required conditions provided for in present law.
Digest of the bill as proposed by the Conference Committee
Present law (R.S. 15:574.4(E)) provides parole eligibility for certain juvenile offenders that are
serving a life sentence for 1
st
degree murder or 2
nd
degree murder if a judicial determination has been
made that the person is entitled to parole eligibility pursuant to a sentencing hearing provided for in
present law (C.Cr.P. Art. 878.1) and certain conditions are met, including the requirement that the
person serve 35 years of the sentence imposed.
For persons who are eligible for parole consideration pursuant to this present law provision present
law further provides that the committee on parole shall meet in a three-member panel, each member
of the panel shall be provided with and shall consider a written evaluation of the offender by a person
who has expertise in adolescent brain development and behavior, and the panel shall render specific
findings of fact in support of its decision.
Present law (C.Cr.P. Art. 878.1) provides that in any case where the offender is to be sentenced to
life imprisonment for a conviction of 1
st
degree murder or 2
nd
degree murder and the offender was
under the age of 18 years at the time of the commission of the offense, a hearing shall be conducted
prior to sentencing to determine whether the sentence shall be imposed with or without parole
eligibility.
Proposed law does all of the following:
1. Provides parole eligibility for any person serving a sentence of life imprisonment for a
conviction of first or second degree murder who was under the age of 18 years at the time
of the commission of the offense and whose conviction became final prior to June 25, 2012,
if the person meets certain conditions, including the condition that he serve at least 30 years
of the sentence imposed. The present law sentencing hearing (C.Cr.P. Art. 878.1) is not
required to determine whether such persons are eligible for parole.
2. Amends the present law provision (R.S. 15:574.4(E)) which provides parole eligibility for
persons convicted of first or second degree murder who were under the age of 18 at the time
of the commission of the offense and whose conviction became final on or after June 25,
2012, to decrease the number of years such persons are required to serve prior to becoming
eligible for parole from 35 years to 30 years. Proposed law retains the present law provision
which requires a sentencing hearing be held to determine whether such persons are eligible for parole.
3. Amends the present law provision (C.Cr.P. Art. 878.1) to require that, upon motion by the
district attorney within 180 days of obtaining an indictment, a sentencing hearing be held in
any case where a juvenile offender is to be sentenced to life imprisonment for a conviction
of first degree murder to determine whether the sentence shall be imposed with or without
parole eligibility.
4. Amends present law to no longer require that juvenile offenders convicted of second degree
murder, regardless of the date of conviction, be subject to this sentencing hearing (C.Cr.P.
Art. 878.1) to determine whether the life sentence shall be imposed with or without parole
eligibility. Such persons shall be eligible for parole upon serving 30 years of the sentence
imposed and meeting other required conditions provided for in present law.
5. Provides that for all persons eligible for parole pursuant to these provisions of proposed and
present law the committee on parole shall meet in a three-member panel, each member of the
panel shall be provided with and shall consider a written evaluation of the offender by a
person who has expertise in adolescent brain development and behavior, and the panel shall
render specific findings of fact in support of its decision.
(Amends R.S. 15:574.4(E)(1)(a) and C.Cr.P. Art. 878.1(A); Adds R.S. 15:574.4(F))