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2017 Regular Session
SENATE BILL NO. 142
BY SENATOR CLAITOR AND REPRESENTATIVE TERRY LANDRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL JUSTICE. Eliminates the death penalty. (8/1/17)
1 AN ACT
2 To amend and reenact R.S. 14:30(C), 42(D), and 113(C), relative to offenses punishable by
3 death; to eliminate the death penalty as punishment for the crimes of first degree
4 murder, first degree rape, and treason; to provide for the penalty of life imprisonment
5 without benefit of parole, probation, or suspension of sentence for the crime of
6 treason; to provide for prospective application; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 14:30(C), 42(D), and 113(C) are hereby amended and reenacted to
9 read as follows:
10 §30. First degree murder
11 * * *
12 C.(1) If Except as provided in Paragraph (2) of this Subsection, if the
13 district attorney seeks a capital verdict, the offender shall be punished by death or
14 life imprisonment at hard labor without benefit of parole, probation, or suspension
15 of sentence, in accordance with the determination of the jury. The provisions of Code
16 of Criminal Procedure Article 782 relative to cases in which punishment may be
17 capital shall apply.
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1 (2) If the district attorney does not seek a capital verdict or if the offense
2 was committed on or after August 1, 2017, the offender shall be punished by life
3 imprisonment at hard labor without benefit of parole, probation or suspension of
4 sentence. The provisions of Code of Criminal Procedure Article 782 relative to cases
5 in which punishment is necessarily confinement at hard labor shall apply.
6 * * *
7 §42. First degree rape
8 * * *
9 D.(1) Whoever commits the crime of first degree rape shall be punished by
10 life imprisonment at hard labor without benefit of parole, probation, or suspension
11 of sentence.
12 (2) However, if the victim was under the age of thirteen years, as provided
13 by Paragraph (A)(4) of this Section:
14 (a) And if the district attorney seeks a capital verdict, the offender shall be
15 punished by death or life imprisonment at hard labor without benefit of parole,
16 probation, or suspension of sentence, in accordance with the determination of the
17 jury. The provisions of Code of Criminal Procedure Art. 782 relative to cases in
18 which punishment may be capital shall apply.
19 (b) And if the district attorney does not seek a capital verdict, the offender
20 shall be punished by life imprisonment at hard labor without benefit of parole,
21 probation, or suspension of sentence. The provisions of Code of Criminal Procedure
22 Art. 782 relative to cases in which punishment is necessarily confinement at hard
23 labor shall apply.
24 * * *
25 §113. Treason
26 * * *
27 C.(1) Whoever Except as provided in Paragraph (2) of this Subsection,
28 whoever commits the crime of treason shall be punished by death.
29 (2) If the offense was committed on or after August 1, 2017, the offender
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1 shall be sentenced to life imprisonment at hard labor without benefit of parole,
2 probation, or suspension of sentence.
3 Section 2. The provisions of this Act shall apply only to offenses committed on or
4 after August 1, 2017.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Angela L. De Jean.
DIGEST
SB 142 Original 2017 Regular Session Claitor
Present law (R.S. 14:30) provides that any person convicted of the crime of first degree
murder shall be punished by death or life imprisonment at hard labor without benefit of
parole, probation, or suspension of sentence.
Present law (R.S. 14:42) provides that any person convicted of the crime of first degree rape
shall be punished by life imprisonment at hard labor without benefit of parole, probation, or
suspension of sentence. However, if the victim of the first degree rape was under the age
of 13 years, the district attorney may seek the death penalty. Although this provision which
allowed for the offender to be sentenced to death for first degree rape was declared to be
unconstitutional by the U.S. Supreme Court in the case Kennedy v. Louisiana, 128 S.Ct.
2641 (June 25, 2008), this provision was never repealed from present law.
Present law (R.S. 14:113) provides that any person convicted of the crime of treason shall
be punished by death.
Present law also provides for special proceedings and procedures with regard to offenses that
are punishable by death including but not limited to the following:
(1)Prosecution for the offense shall be instituted by grand jury indictment and there is
no time limitation upon the institution of prosecution for the offense. (La. Const.
Art. I, §15 and C.Cr.P. Arts. 382, 437, and 571)
(2)Provisions regarding the defendant's right to counsel and the provision of public
defender services for capital defendants. (C.Cr.P. Art. 512 and R.S. 15:141 et seq.)
(3)The case shall be tried before a jury of 12 persons, all of whom must concur to
render a verdict. (La. Const. Art. I, §17 and C.Cr.P. Arts. 780 and 782)
(4)The sentence may only be imposed after a sentencing hearing, which occurs after the
trial that determined the issue of guilt, and the jury finds beyond a reasonable doubt
that at least one statutory aggravating circumstance exists and after consideration of
any mitigating circumstances, determines that the sentence of death should be
imposed. (C.Cr.P. Arts. 905 et seq.)
(5)Every sentence of death is reviewed by the La. Supreme Court to determine if it is
excessive. (C.Cr.P. Art. 905.9) In addition, the defendant has a right to directly
appeal to the Supreme Court from a judgment in a capital case in which a sentence
of death has been imposed. The defendant may waive this right of appeal, but cannot
waive the required review of the sentence by the La. Supreme Court. (C.Cr.P. Art.
912.1)
Present law provides for crimes that prohibit interference with, or making false statements
during trials and other judicial proceedings. Each of these present law offenses, which
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include perjury (R.S. 14:123), jury tampering (R.S. 14:129), intimidating witnesses (R.S.
14:129.1), and obstruction of justice (R.S. 14:130.1), provides increased penalties if the trial
or judicial proceeding involves a case in which a sentence of death may be imposed.
Proposed law eliminates the death penalty as a possible punishment for the crimes of first
degree murder, first degree rape, and treason. Further provides for the penalty of life
imprisonment without benefit of parole, probation, or suspension of sentence for the crime
of treason.
Proposed law provides that the elimination of the death penalty as provided in proposed law
shall apply only to offenses committed on or after Aug. 1, 2017.
For offenses committed prior to Aug. 1, 2017, proposed law retains present law.
Effective August 1, 2017.
(Amends R.S. 14:30(C), 42(D), and 113(C))
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words in boldface type and underscored are additions.