GREEN SHEET REDIGEST
HB 802 2016 Regular Session Jackson
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
CRIMINAL/SENTENCING: Creates a procedure for designating certain crimes in the
court minutes as a crime of violence and provides relative to the benefits and
restrictions based on such designation
DIGEST
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 or first degree rape, forcible or second
degree rape, simple or third degree 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
crime against nature, 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)(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.
Page 1 of 2
Prepared by Alden A. Clement, Jr. The House Floor Amendments to the engrossed bill:
1. Makes technical corrections to reflect changes in terminology for certain offenses
involving rape and crime against nature.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
reengrossed bill
1. Make technical changes.
Page 2 of 2
Prepared by Alden A. Clement, Jr.