The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
SB 196 Original 2016 Regular Session Cortez
Present law provides that if the court finds by clear and convincing evidence that an offender actually
possessed a firearm during the commission of a felony or a specifically enumerated misdemeanor
under present law for which he was convicted, the court is to impose a term of imprisonment of two
years. Present law further provides that if the maximum sentence for the underlying offense is less
than two years, then the court is to impose the maximum sentence set forth in present law.
Proposed law retains present law.
Present law provides that if the court finds by clear and convincing evidence that the offender
actually used a firearm in the commission of a felony or a specifically enumerated misdemeanor
under present law for which he was convicted, the court is to impose a term of imprisonment of five
years. Present law further provides that if the maximum sentence for the underlying offense is less
than five years, then the court is to impose the maximum sentence set forth in present law.
Proposed law retains present law.
Present law provides that if the court finds by clear and convincing evidence that the offender
actually discharged a firearm in the commission of a felony or a specifically enumerated
misdemeanor under present law for which he was convicted, the court is to impose a term of
imprisonment of 10 years. Present law further provides that if the maximum sentence for the
underlying offense is less than 10 years, then the court is to impose the maximum sentence set forth
in present law.
Proposed law retains present law.
Present law provides that if the court finds by clear and convincing evidence that a firearm was
actually used or discharged by the defendant during the commission of a felony for which he was
convicted, and thereby caused bodily injury, the court is to impose a term of imprisonment of 15
years. Present law further provides that if the maximum sentence for the underlying felony is less
than 15 years, then court is to impose the maximum sentence set forth in present law.
Proposed law retains present law.
Present law provides that if the defendant commits a felony with a firearm and the crime is
considered a violent felony as defined in present law, then the court is to impose a minimum term
of imprisonment of 10 years. Present law further provides that in addition, if the firearm is
discharged during the commission of such violent felony, then the court is to impose a minimum
term of imprisonment of 20 years. Present law further provides that a sentence imposed under this provision of present law is to be without benefit of parole, probation or suspension of sentence.
Proposed law retains present law.
Present law provides that a mandatory minimum sentence imposed under these provisions of present
law cannot be suspended and must be imposed in the same manner as provided in the felony for
which the defendant was convicted.
Proposed law retains present law.
Present law provides that a defendant sentenced under the provisions of present law is not eligible
for parole during the period of the mandatory minimum sentence.
Proposed law retains present law.
Present law provides that if the court finds that a sentence imposed under these provisions of present
law would be excessive, the court is to state for the record the reasons for such finding and impose
the most severe sentence that is not excessive.
Proposed law deletes this provision of present law and adds that when the court makes any finding
relative to the possession, use, or discharge of a firearm as described in present law, the terms of
imprisonment provided for in present law are mandatory sentences and the conditions of those
sentences provided for in present law are mandatory conditions.
Effective August 1, 2016.
(Amends C.Cr.P. Art. 893.3(H))