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2017 Regular Session
SENATE BILL NO. 221
BY SENATOR ALARIO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME/PUNISHMENT. Provides relative to the cleansing period for certain crimes
applicable to habitual offender penalty enhancements. (11/1/17)
1 AN ACT
2 To amend and reenact R.S. 15:529.1(A)(1), (3)(a), 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)(a), 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 * * *
13 (4) If the fourth or subsequent felony is such that, upon a first conviction the
14 offender would be punishable by imprisonment for any term less than his natural life
15 then:
16 (a) The person shall be sentenced to imprisonment for the fourth or
17 subsequent felony for a determinate term not less than the longest prescribed for a
18 first conviction but in no event less than twenty years and not more than his natural
19 life; or
20 (b) If the fourth felony and no prior felony is defined as a crime of
21 violence under R.S. 14:2(B) or as a sex offense under R.S. 15:541, the person
22 shall be imprisoned for not less than twenty years nor more than twice the
23 longest possible sentence prescribed for a first conviction. If twice the possible
24 sentence prescribed for a first conviction is less than twenty years, the person
25 shall be imprisoned for twenty years; or
26 (c) If the fourth felony and two of the prior felonies are felonies defined as
27 a crime of violence under R.S. 14:2(B), a sex offense as defined in R.S. 15:540 et
28 seq. when the victim is under the age of eighteen at the time of commission of the
29 offense, or as a violation of the Uniform Controlled Dangerous Substances Law
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1 punishable by imprisonment for ten years or more, or of any other crime punishable
2 by imprisonment for twelve years or more, or any combination of such crimes, the
3 person shall be imprisoned for the remainder of his natural life, without benefit of
4 parole, probation, or suspension of sentence.
5 * * *
6 C.(1) The Except as provided in Paragraph (2) of this Subsection, the
7 current offense shall not be counted as, respectively, a second, third, fourth, or higher
8 offense if more than ten five years have elapsed between the date of the commission
9 of the current offense or offenses and the expiration of the maximum sentence or
10 sentences of correctional supervision, or term of incarceration if no supervision,
11 for the previous conviction or convictions, or between the expiration of the
12 maximum sentence or sentences of correctional supervision, or term of
13 incarceration if no supervision, for each preceding conviction or convictions
14 alleged in the multiple offender bill and the date of the commission of the following
15 offense or offenses. In computing the intervals of time as provided herein, any period
16 of parole, probation, or incarceration by a person in a penal institution, within or
17 without the state, shall not be included in the computation of any of said ten-year
18 five-year periods between the expiration of the maximum sentence or sentences
19 correctional supervision, or term of incarceration if no supervision, and the next
20 succeeding offense or offenses.
21 (2) The current offense shall not be counted as, respectively, a second,
22 third, fourth, or higher offense if more than ten years have elapsed between the
23 date of the commission of the current offense or offenses and the expiration of
24 correctional supervision, or term of incarceration if no supervision, for a crime
25 of violence as defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541,
26 or between the expiration of correctional supervision, or term of incarceration
27 if no supervision, for each preceding conviction or convictions alleged in the
28 multiple offender bill for a crime of violence as defined in R.S. 14:2(B) or a sex
29 offense as defined in R.S. 15:541 and the date of the commission of the following
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1 offense or offenses. In computing the intervals of time as provided herein, any
2 period of parole, probation, or incarceration by a person in a penal institution,
3 within or without the state, shall not be included in the computation of any of
4 said ten-year periods between the expiration of correctional supervision, or
5 term of incarceration if no supervision, for a crime of violence as defined in R.S.
6 14:2(B) or a sex offense as defined in R.S. 15:541 and the next succeeding
7 offense or offenses.
8 * * *
9 I. If the court finds that a sentence imposed under the provisions of this
10 Section would be constitutionally excessive pursuant to the criteria set forth in
11 State v. Dorthey, 623 So.2d 1276 (La. 1993), then the court shall state for the
12 record the reasons for such finding and shall impose the most severe sentence
13 that is not constitutionally excessive.
14 J. For purposes of this Section, "correctional supervision" means any
15 period of parole, probation, or incarceration of a person in a penal institution,
16 either within the state of Louisiana or outside of the state.
17 Section 2. This Act shall become effective November 1, 2017, and shall have
18 prospective application only to offenders whose convictions became final on or after
19 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 221 Engrossed 2017 Regular Session Alario
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
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
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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
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 fourth felony and no prior felony is defined as a crime of
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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.
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)(a), and (4) and (C); adds R.S. 15:529.1(I) and (J))
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Changes sentence for conviction of second felony not punishable by life
imprisonment from ½ of longest possible sentence to 1/3 longest possible
sentence.
2. Provides that the maximum sentence on a fourth felony when no prior
offense is a crime of violence or a sex offense is 20 years or twice the
possible sentence prescribed for a first conviction, whichever is greater.
3. Provides that the maximum sentence on a fourth felony when two of the prior
felonies are crimes of violence or sex offenses and the victim is under the age
of 18 years at the time of commission of the offense is life imprisonment
without benefit of parole, probation, or suspension of sentence.
4. Changes the cleansing period for offenses that are not crimes of violence or
sex offenses under present law from 10 years to five years.
5. 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.
6. Deletes proposed law references to a felony class system.
7. Codifies State v. Dorthey, 623 So.2d 1276 (La. 1993).
8. Adds definition of "correctional supervision" for purposes of proposed law.
9. Changes effective date from effective date of companion Senate Bill ____ of
the 2017 Regular Session to 11/1/17.
10.Adds effective date and provides for prospective application.
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