Louisiana 2016 Regular Session

Louisiana House Bill HB463 Latest Draft

Bill / Introduced Version

                            HLS 16RS-728	ORIGINAL
2016 Regular Session
HOUSE BILL NO. 463
BY REPRESENTATIVE BILLIOT AND SENATOR CARTER
VETERANS:  Amends eligibility requirements to participate in the Veterans Court program
1	AN ACT
2To amend and reenact R.S. 13:5366(B)(9)(a) and (b), relative to the Veterans Court
3 program; to provide for eligibility for participation in the Veterans Court program;
4 and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1.  R.S. 13:5366(B)(9)(a) and (b) are hereby amended and reenacted to read
7as follows: 
8 ยง5366.  The Veterans Court program
9	*          *          *
10	B.  Participation in probation programs shall be subject to the following 
11 provisions:
12	*          *          *
13	(9)  In order to be eligible for the Veterans Court program, the defendant must
14 satisfy each of the following criteria:
15	(a)  The defendant cannot have any prior felony convictions for any offenses 
16 defined as crimes of violence a homicide in R.S. 14:29 or any sex offense requiring
17 registration under R.S. 15:540 et seq.
18	(b)  The crime before the court cannot be a crime of violence as defined in 
19 R.S. 14:2(B). any of the following:
20	(i)  Any offense defined as a homicide in R.S. 14:29.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-728	ORIGINAL
HB NO. 463
1	(ii)  Any sex offense requiring registration pursuant to R.S. 15:540 et seq.
2	(iii)  A crime of violence as defined in R.S. 14:2(B), unless the entire
3 sentence may be deferred or suspended pursuant to the provisions of Louisiana law.
4	(iv)  The defendant may be considered for participation in the Veterans Court
5 Program even if the defendant is not otherwise eligible for probation due to the
6 defendant's criminal history.
7	*          *          *
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 463 Original 2016 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, a sex offense requiring registration, 
or a crime of violence unless the entire sentence may be deferred or suspended.
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 adds that a defendant may still be eligible for the Veterans Court program even
if the defendant would not otherwise be eligible for probation due to his criminal history. 
(Amends R.S. 13:5366(B)(9)(a) and (b))
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.