RDCSB146 2697 3178
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)]
SB 146 Reengrossed 2017 Regular Session Claitor
Present law ("habitual offender law") provides that any person who, after having been
convicted of a felony, thereafter commits any subsequent felony within La., upon conviction
is subject to the following penalties as provided by present law:
(1)Second felony:
(a)The person is to be sentenced to imprisonment for a determinate term not less
than one-half the longest term and not more than twice the longest term
prescribed for a first conviction.
Proposed law decreases the minimum term of imprisonment for such offenders from
one-half the longest term to one-third the longest term prescribed for a first
conviction.
(b)If the second felony and the prior felony are sex offenses as defined in
present law, the person is to be sentenced to imprisonment at hard labor for
a determinate term not less than two-thirds 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.
Proposed law retains present law.
(c)If the second felony and the prior felony are sex offenses as defined in
present law 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,
the person is to be imprisoned for the remainder of his natural life, without
benefit of parole, probation, or suspension of sentence.
Proposed law retains present law.
(2)Third felony:
(a)The person is to be sentenced to imprisonment for a determinate term not less
than two-thirds of the longest possible sentence for the conviction and not
more than twice the longest possible sentence prescribed for a first
conviction.
Proposed law decreases the minimum term of imprisonment for such offenders from
two-thirds the longest term to one-half the longest term prescribed for a first
conviction.
(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
(CDS) 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.
Proposed law removes persons with a current or prior felony that is a violation of the
CDS Law punishable by imprisonment for 10 years or more and any other non-
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violent, non-sex offense punishable by imprisonment of 12 years or more from the
group of persons who are subject to this sentence.
(3)Fourth or subsequent felony:
(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.
Proposed law retains present law.
Proposed law provides that if the fourth felony and no prior felony is defined as a
crime of violence by present law or defined as a sex offense by present law, 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. Further provides that if twice the
longest possible sentence is less than 20 years, the person is to be imprisoned for 20
years.
(b)If the fourth felony and two of the prior felonies are 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 removes persons with a current or prior felony that is a violation of the
CDS Law punishable by imprisonment for 10 years or more and any other non-
violent, non-sex offense punishable by imprisonment of 12 years or more from the
group of persons who are subject to this sentence.
Present law provides that for purposes of the habitual offender law, the current offense
cannot be counted as 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.
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 the 10-year
periods between the expiration of the maximum sentence or sentences and the next
succeeding offense or offenses.
Proposed law retains present law if the prior offense was a crime of violence or sex offense.
If the prior offense was not a crime of violence or a sex offense, proposed law decreases,
from 10 years to five years, the amount of time that must elapse between the current and
prior offense to determine whether the offense may be considered a prior offense in order
for the habitual offender law to apply.
Proposed law provides that the five- or 10-year period which must elapse between the
current and prior offense in order for the habitual offender law not to apply begins upon the
expiration of the correctional supervision, or term of imprisonment if the offender is not
placed on supervision following imprisonment, for the previous conviction or convictions.
Proposed law defines "correctional supervision" as 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.
In the case State v. Dorthey, 623 So.2d 1276 (La. 1993), the court held that the trial judge
has the option to reduce a sentence mandated by the habitual offender law if the trial judge
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finds that the punishment makes no "measurable contribution to acceptable goals of
punishment" or that the sentenced amounted to nothing more than "the purposeful imposition
of pain and suffering" and is "grossly out of proportion to the severity of the crime".
Proposed law provides that if the court finds that a sentence imposed under the provisions
of present law or proposed law to 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 applies prospectively only to offenders whose convictions became final on or
after Nov. 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.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the reengrossed bill:
1. Restore present law which provides that for a fourth or subsequent felony, the
person shall be sentenced 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.
2. Provide that the five- or 10-year period which must elapse between the current
and prior offense for the habitual offender law not to apply begins upon the
expiration of the correctional supervision, or term of imprisonment if the
offender is not placed on supervision following imprisonment, for the previous
conviction or convictions.
3. Amend the citation to provide the specific provision of present law that defines
"sex offense" (R.S. 15:541).
4. Make technical corrections.
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