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 802 Engrossed 2016 Regular Session Jackson
Abstract: Provides a procedure by which certain crimes of violence are designated as such in the
court minutes and provides relative to certain benefits and restrictions based upon this designation.
Present law (R.S. 14:2(B)) provides that certain offenses can be defined as, or are specifically
enumerated as, a crime of violence.
Present law prohibits persons convicted of certain crimes of violence as defined by present law from
obtaining the benefits of suspension or deferral of sentence pursuant to C.Cr.P. Art. 893 or from
participating in a drug division probation program pursuant to R.S. 13:5304.
Proposed law authorizes the court, upon the written recommendation of the district attorney, to
designate in the court minutes that an offense is a crime of violence only for the purpose of
determining whether the defendant is eligible for suspension or deferral of sentence or for
participation in a drug division probation program.
Proposed law further provides that the following offenses shall always be designated by the court
as a crime of violence in the court minutes: solicitation for murder, first degree murder, second
degree murder, manslaughter, aggravated rape, forcible rape, simple rape, sexual battery, second
degree sexual battery, intentional exposure to AIDS virus, aggravated kidnapping, second degree
kidnapping, aggravated arson, armed robbery, assault by drive-by shooting, carjacking, terrorism,
aggravated second degree battery, aggravated assault with a firearm, armed robbery, second degree
robbery, disarming of a peace officer, second degree cruelty to juveniles, aggravated incest,
trafficking of children for sexual purposes, human trafficking, and home invasion.
(Amends C.Cr.P. Art. 893(A) and (E)(1)(b) and R.S. 13:5304(B)(10)(a) and (b); Adds C.Cr.P. Art.
890.3)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill:
1. Provide that the designation by the court as a crime of violence in the court minutes is
only for the purpose of determining whether the defendant is eligible for suspension or
deferral of sentence or for participation in a drug division probation program. 2. Remove provisions of proposed law regarding reentry preparation programs, community
resource centers, rehabilitation and workforce development programs, sentencing of
habitual offenders, diminution of sentence, parole eligibility, and eligibility to receive
technical violations. Therefore, any person convicted of a crime of violence as defined
by present law (R.S. 14:2(B)) will be subject to present law provisions for these matters
regardless of how the court designates the person's offense in the court minutes pursuant
to proposed law.