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 Original 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 one-half 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 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 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.
(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
two-thirds 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 A, B,
C, or F felony in the context of a felony class system, or who commits any felony punishable by
imprisonment for natural life, is to be punished in accordance with present law habitual offender
penalties.
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 prior felony cleansing period from 10 years to "sufficient time" that has
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. Proposed law defines "sufficient time" for purposes of proposed law as follows:
(1)For previous convictions for A, B, or F felony offenses or any felony punishable by
imprisonment for natural life, a period of more than 10 years.
(2)For previous convictions for C, D, or E felony offenses, a period of more than five years.
Effective if and when Senate Bill ____ of the 2017 Regular Session is enacted and becomes
effective.
(Amends R.S. 15:529.1(A)(intro para) and (C))