SLS 17RS-452 REENGROSSED
2017 Regular Session
SENATE BILL NO. 146
BY SENATOR CLAITOR
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME/PUNISHMENT. Provides relative to the Habitual Offender Law. (11/1/17)
1 AN ACT
2 To amend and reenact R.S. 15:529.1(A)(1), (3), and (4) and (C) and to enact R.S.
3 15:529.1(I) and (J), relative to the Habitual Offender Law; to decrease the cleansing
4 period for offenses that are not crimes of violence or sex offenses; to provide for the
5 reduction by the court of a sentence under the Habitual Offender Law under certain
6 circumstances; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 15:529.1(A)(1), (3), and (4) and (C) are hereby amended and
9 reenacted and R.S. 15:529.1(I) and (J) are hereby enacted to read as follows:
10 §529.1. Sentences for second and subsequent offenses; certificate of warden or clerk
11 of court in the state of Louisiana as evidence
12 A. Any person who, after having been convicted within this state of a felony,
13 or who, after having been convicted under the laws of any other state or of the
14 United States, or any foreign government of a crime which, if committed in this state
15 would be a felony, thereafter commits any subsequent felony within this state, upon
16 conviction of said felony, shall be punished as follows:
17 (1) If the second felony is such that upon a first conviction the offender
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1 would be punishable by imprisonment for any term less than his natural life, then the
2 sentence to imprisonment shall be for a determinate term not less than one-half one-
3 third the longest term and not more than twice the longest term prescribed for a first
4 conviction.
5 * * *
6 (3) If the third felony is such that upon a first conviction, the offender would
7 be punishable by imprisonment for any term less than his natural life then:
8 (a) The person shall be sentenced to imprisonment for a determinate term not
9 less than two-thirds one-half of the longest possible sentence for the conviction and
10 not more than twice the longest possible sentence prescribed for a first conviction;
11 or
12 (b) If the third felony and the two prior felonies are felonies defined as a
13 crime of violence under R.S. 14:2(B), or a sex offense as defined in R.S. 15:540 et
14 seq. when the victim is under the age of eighteen at the time of commission of the
15 offense, or as a violation of the Uniform Controlled Dangerous Substances Law
16 punishable by imprisonment for ten years or more, or any other crimes punishable
17 by imprisonment for twelve years or more, or any combination of such crimes, the
18 person shall be imprisoned for the remainder of his natural life, without benefit of
19 parole, probation, or suspension of sentence.
20 (4) If the fourth or subsequent felony is such that, upon a first conviction the
21 offender would be punishable by imprisonment for any term less than his natural life
22 then:
23 (a) The person shall be sentenced to imprisonment for the fourth or
24 subsequent felony for a determinate term not less than the longest prescribed for a
25 first conviction but in no event less than twenty years and not more than his natural
26 life; or If the fourth felony and no prior felony is defined as a crime of violence
27 under R.S. 14:2(B) or as a sex offense under R.S. 15:541, the person shall be
28 imprisoned for not less than twenty years nor more than twice the longest
29 possible sentence prescribed for a first conviction. If twice the possible sentence
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1 prescribed for a first conviction is less than twenty years, the person shall be
2 imprisoned for twenty years; or
3 (b) If the fourth felony and two of the prior felonies are felonies defined as
4 a crime of violence under R.S. 14:2(B), a sex offense as defined in R.S. 15:540 et
5 seq. when the victim is under the age of eighteen at the time of commission of the
6 offense, or as a violation of the Uniform Controlled Dangerous Substances Law
7 punishable by imprisonment for ten years or more, or of any other crime punishable
8 by imprisonment for twelve years or more, or any combination of such crimes, the
9 person shall be imprisoned for the remainder of his natural life, without benefit of
10 parole, probation, or suspension of sentence.
11 * * *
12 C.(1) The Except as provided in Paragraph (2) of this Subsection, the
13 current offense shall not be counted as, respectively, a second, third, fourth, or higher
14 offense if more than ten five years have elapsed between the date of the commission
15 of the current offense or offenses and the expiration of the maximum sentence or
16 sentences of correctional supervision for the previous conviction or convictions,
17 or between the expiration of the maximum sentence or sentences of correctional
18 supervision for each preceding conviction or convictions alleged in the multiple
19 offender bill and the date of the commission of the following offense or offenses. In
20 computing the intervals of time as provided herein, any period of parole, probation,
21 or incarceration by a person in a penal institution, within or without the state, shall
22 not be included in the computation of any of said ten-year the five-year periods
23 between the expiration of the maximum sentence or sentences correctional
24 supervision and the next succeeding offense or offenses.
25 (2) The current offense shall not be counted as, respectively, a second,
26 third, fourth, or higher offense if more than ten years have elapsed between the
27 date of the commission of the current offense or offenses and the expiration of
28 correctional supervision for a crime of violence as defined in R.S. 14:2(B) or a
29 sex offense as defined in R.S. 15:541, or between the expiration of correctional
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1 supervision for each preceding conviction or convictions alleged in the multiple
2 offender bill for a crime of violence as defined in R.S. 14:2(B) or a sex offense
3 as defined in R.S. 15:541 and the date of the commission of the following offense
4 or offenses. In computing the intervals of time as provided herein, any period
5 of parole, probation, or incarceration by a person in a penal institution, within
6 or without the state, shall not be included in the computation of any of the
7 ten-year periods between the expiration of correctional supervision for a crime
8 of violence as defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541
9 and the next succeeding offense or offenses.
10 * * *
11 I. If the court finds that a sentence imposed under the provisions of this
12 Section would be constitutionally excessive pursuant to the criteria set forth in
13 State v. Dorthey, 623 So.2d 1276 (La. 1993), then the court shall state for the
14 record the reasons for such finding and shall impose the most severe sentence
15 that is not constitutionally excessive.
16 J. For purposes of this Section, "correctional supervision" means any
17 period of parole, probation, or incarceration of a person in a penal institution,
18 either within the state of Louisiana or outside of the state.
19 Section 2. This Act shall become effective November 1, 2017, and shall have
20 prospective application only to offenders whose convictions became final on or after
21 November 1, 2017.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 146 Reengrossed 2017 Regular Session Claitor
Present law (Habitual Offender Law) provides that any person who, after having been
convicted within La. of a felony, or who, after having been convicted under the laws of any
other state or of the U.S. or any foreign government of a crime which, if committed in La.
would be a felony, thereafter commits any subsequent felony within La. upon conviction is
to be punished as follows:
(1)If the second felony is such that upon a first conviction the offender would be
punishable by imprisonment for any term less than his natural life, then the sentence
to imprisonment is to be for a determinate term not less than ½ the longest term and
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not more than twice the longest term prescribed for a first conviction.
(2)If the second felony and the prior felony are sex offenses as defined in present law,
or the prior felony would be a sex offense as defined in present law, except that it
occurred prior to 6/18/92, or the conviction was obtained under the laws of any other
state, the U.S. or any foreign government, the person is to be sentenced to
imprisonment at hard labor for a determinate term not less than 2/3 of the longest
possible sentence for the conviction and not more than three times the longest
possible sentence prescribed for a first conviction, without benefit of probation,
parole, or suspension of sentence.
(3)If the second felony and the prior felony are sex offenses as defined in present law,
or the prior felony would be a sex offense as defined in present law, except that it
occurred prior to 6/18/92, or the conviction was obtained under the laws of any other
state, the U.S. or any foreign government, and the victims of the previous offense
and the instant offense were under the age of 13 years at the time of the commission
of the offense or any part thereof, the person is to be imprisoned for the remainder
of his natural life, without benefit of parole, probation, or suspension of sentence.
(4)If the third felony is such that upon a first conviction, the offender would be
punishable by imprisonment for any term less than his natural life then:
(a)The person is to be sentenced to imprisonment for a determinate term not less
than 2/3 of the longest possible sentence for the conviction and not more than
twice the longest possible sentence prescribed for a first conviction; or
(b)If the third felony and the two prior felonies are felonies defined as a crime
of violence under present law, a sex offense as defined in present law when
the victim is under the age of 18 years at the time of commission of the
offense, or as a violation of the Uniform Controlled Dangerous Substances
Law punishable by imprisonment for 10 years or more, or any other crimes
punishable by imprisonment for 12 years or more, or any combination of
such crimes, the person is to be imprisoned for the remainder of his natural
life, without benefit of parole, probation, or suspension of sentence.
(5)If the fourth or subsequent felony is such that, upon a first conviction the offender
would be punishable by imprisonment for any term less than his natural life then:
(a)The person is to be sentenced to imprisonment for the fourth or subsequent
felony for a determinate term not less than the longest prescribed for a first
conviction but in no event less than 20 years and not more than his natural
life; or
(b)If the fourth felony and two of the prior felonies are felonies defined as a
crime of violence under present law, a sex offense as defined in present law
when the victim is under the age of 18 years at the time of commission of the
offense, or as a violation of the Uniform Controlled Dangerous Substances
Law punishable by imprisonment for 10 years or more, or of any other crime
punishable by imprisonment for 12 years or more, or any combination of
such crimes, the person is to be imprisoned for the remainder of his natural
life, without benefit of parole, probation, or suspension of sentence.
Proposed law provides that any person who, after having been convicted within La. of a
felony, or who, after having been convicted under the laws of any other state or of the U.S.
or any foreign government of a crime which, if committed in La. would be a felony,
thereafter commits any subsequent felony within La. upon conviction, with regard to a
second felony such that upon a first conviction the offender would be punishable by
imprisonment for any term less than his natural life, is to be sentenced to imprisonment for
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a determinate term not less than 1/3 instead of ½ the longest term and not more than twice
the longest term prescribed for a first conviction.
Proposed law provides that if the third felony and the two prior felonies are felonies defined
as a crime of violence under present law, a sex offense as defined in present law when the
victim is under the age of 18 years at the time of commission of the offense, or any
combination of such crimes, the person is to be imprisoned for the remainder of his natural
life, without benefit of parole, probation, or suspension of sentence. Proposed law deletes
the present law application of life without parole to situations in which the third felony and
the two prior felonies are either violations of the Uniform Controlled Dangerous Substances
Law punishable by imprisonment for 10 years or more, or any other crimes punishable by
imprisonment for 12 years or more.
Proposed law provides that if the fourth felony and no prior felony is defined as a crime of
violence or as a sex offense under present law, then the person is to be imprisoned for not
less than 20 years nor more than twice the longest possible sentence prescribed for a first
conviction. Proposed law further provides that if twice the possible sentence prescribed for
a first conviction is less than 20 years, then the person is to be imprisoned for 20 years.
Proposed law provides that if the fourth felony and two of the prior felonies are felonies
defined as a crime of violence or as a sex offense under present law when the victim is under
the age of 18 years at the time of commission of the offense, the person is to be imprisoned
for the remainder of his natural life, without benefit of parole, probation, or suspension of
sentence.
Proposed law otherwise retains present law.
Present law provides that for purposes of the Habitual Offender Law, the current offense
cannot be counted as, respectively, a second, third, fourth, or higher offense if more than 10
years have elapsed between the date of the commission of the current offense or offenses and
the expiration of the maximum sentence or sentences of the previous conviction or
convictions, or between the expiration of the maximum sentence or sentences of each
preceding conviction or convictions alleged in the multiple offender bill and the date of the
commission of the following offense or offenses ("cleansing period"). Present law further
provides that in computing the intervals of time as provided in present law, any period of
parole, probation, or incarceration by a person in a penal institution, within or without the
state, cannot be included in the computation of any of said 10-year periods between the
expiration of the maximum sentence or sentences and the next succeeding offense or
offenses.
Proposed law changes the cleansing period for offenses that are not crimes of violence or sex
offenses under present law from 10 years to five years. Proposed law further changes the
final date for calculating the cleansing period for all offenses whether or not crimes of
violence or sex offenses from the expiration of the maximum sentence or sentences of the
previous conviction or convictions to the expiration of the correctional supervision for each
previous conviction.
Proposed law otherwise retains present law.
Proposed law provides that if the court finds that a sentence imposed under the provisions
of present law or proposed law would be constitutionally excessive pursuant to the criteria
set forth in State v. Dorthey, 623 So.2d 1276 (La. 1993), then the court must state for the
record the reasons for such finding and impose the most severe sentence that is not
constitutionally excessive.
Proposed law provides that for purposes of proposed law, "correctional supervision" means
any period of parole, probation, or incarceration of a person in a penal institution, either
within the state of La. or outside of the state.
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Proposed law applies prospectively only to offenders whose convictions became final on or
after 11/1/17.
Effective November 1, 2017.
(Amends R.S. 15:529.1(A)(1), (3), and (4) and (C); adds R.S. 15:529.1(I) and (J))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Adds provisions relative to specific penalty enhancements for second, third,
and fourth offenses.
2. Deletes the applicability of present law, relative to life without parole, to
situations in which the third felony and two prior felonies are violations of
either the Uniform Controlled Dangerous Substances Law punishable by
imprisonment for 10 years or more or any other crimes punishable by
imprisonment for 12 years or more.
3. Codifes criteria set forth in State v. Dorthey, 623 So.2d 1276 (La. 1993),
relative to requirement that the court reduce constitutionally excessive
sentences.
4. Deletes proposed law relative to court's discretion to suspend up to ½ of
maximum sentence prescribed.
5. Defines "correctional supervision" for purposes of proposed law.
6. Proposed law applies prospectively only to offenders whose convictions
became final on or after 11/1/17.
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