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 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 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))
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.