2017 Regular Session ENROLLED
SENATE BILL NO. 221
BY SENATOR ALARIO AND REPRESENTATIVES BAGNERIS, BILLIOT, BOUIE,
CARPENTER, GARY CARTER, COX, GAINES, GLOVER, HALL,
JIMMY HARRIS, HOFFMANN, HUNTER, JACKSON, JAMES,
JORDAN, TERRY LANDRY, LEGER, LYONS, MAGEE,
MARCELLE, MARINO, MORENO, NORTON, PIERRE AND SMITH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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 amend penalties provided
4 for in the habitual offender law; to provide relative to the amount of time that must
5 elapse between the current and prior offense for the habitual offender law not to
6 apply; to provide for the reduction by the court of a sentence under the habitual
7 offender law under certain circumstances; to define "correctional supervision"; and
8 to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 15:529.1(A)(1), (3), and (4) and (C) are hereby amended and
11 reenacted and R.S. 15:529.1(I) and (J) are hereby enacted to read as follows:
12 ยง529.1. Sentences for second and subsequent offenses; certificate of warden or clerk
13 of court in the state of Louisiana as evidence
14 A. Any person who, after having been convicted within this state of a felony,
15 or who, after having been convicted under the laws of any other state or of the
16 United States, or any foreign government of a crime which, if committed in this state
17 would be a felony, thereafter commits any subsequent felony within this state, upon
18 conviction of said felony, shall be punished as follows:
19 (1) If the second felony is such that upon a first conviction the offender
20 would be punishable by imprisonment for any term less than his natural life, then the
21 sentence to imprisonment shall be for a determinate term not less than one-half one-
22 third the longest term and not more than twice the longest term prescribed for a first
23 conviction.
24 * * *
ACT No. 282
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1 (3) If the third felony is such that upon a first conviction, the offender would
2 be punishable by imprisonment for any term less than his natural life then the
3 following sentences apply:
4 (a) The person shall be sentenced to imprisonment for a determinate term not
5 less than two-thirds one-half of the longest possible sentence for the conviction and
6 not more than twice the longest possible sentence prescribed for a first conviction;
7 or.
8 (b) If the third felony and the two prior felonies are felonies defined as a
9 crime of violence under R.S. 14:2(B), or a sex offense as defined in R.S. 15:540 et
10 seq. R.S. 15:541 when the victim is under the age of eighteen at the time of
11 commission of the offense, or as a violation of the Uniform Controlled Dangerous
12 Substances Law punishable by imprisonment for ten years or more, or any other
13 crimes punishable by imprisonment for twelve years or more, or any combination of
14 such crimes, the person shall be imprisoned for the remainder of his natural life,
15 without benefit of parole, probation, or suspension of sentence.
16 (4) If the fourth or subsequent felony is such that, upon a first conviction the
17 offender would be punishable by imprisonment for any term less than his natural life
18 then the following sentences apply:
19 (a) The person shall be sentenced to imprisonment for the fourth or
20 subsequent felony for a determinate term not less than the longest prescribed for a
21 first conviction but in no event less than twenty years and not more than his natural
22 life; or.
23 (b) If the fourth felony and no prior felony is defined as a crime of
24 violence under R.S. 14:2(B) or as a sex offense under R.S. 15:541, the person
25 shall be imprisoned for not less than twenty years nor more than twice the
26 longest possible sentence prescribed for a first conviction. If twice the possible
27 sentence prescribed for a first conviction is less than twenty years, the person
28 shall be imprisoned for twenty years.
29 (c) If the fourth felony and two of the prior felonies are felonies defined as
30 a crime of violence under R.S. 14:2(B), a sex offense as defined in R.S. 15:540 et
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1 seq. 15:541 when the victim is under the age of eighteen at the time of commission
2 of the offense, or as a violation of the Uniform Controlled Dangerous Substances
3 Law punishable by imprisonment for ten years or more, or of any other crime
4 punishable by imprisonment for twelve years or more, or any combination of such
5 crimes, the person shall be imprisoned for the remainder of his natural life, without
6 benefit of parole, probation, or suspension of sentence.
7 * * *
8 C.(1) The Except as provided in Paragraph (2) of this Subsection, the
9 current offense shall not be counted as, respectively, a second, third, fourth, or higher
10 offense if more than ten five years have elapsed between the date of the commission
11 of the current offense or offenses and the expiration of the maximum sentence or
12 sentences of correctional supervision, or term of imprisonment if the offender
13 is not placed on supervision following imprisonment, for the previous conviction
14 or convictions, or between the expiration of the maximum sentence or sentences of
15 correctional supervision, or term of imprisonment if the offender is not placed
16 on supervision following imprisonment, for each preceding conviction or
17 convictions alleged in the multiple offender bill and the date of the commission of
18 the following offense or offenses. In computing the intervals of time as provided
19 herein, in this Paragraph, any period of parole, probation, or incarceration by a
20 person in a penal institution, within or without the state, shall not be included in the
21 computation of any of said ten-year the five-year periods between the expiration of
22 the maximum sentence or sentences correctional supervision, or term of
23 imprisonment if the offender is not placed on supervision following
24 imprisonment, 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, or term of imprisonment if the offender is not placed
29 on supervision following imprisonment, for a crime of violence as defined in
30 R.S. 14:2(B) or a sex offense as defined in R.S. 15:541, or between the expiration
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1 of correctional supervision, or term of imprisonment if the offender is not
2 placed on supervision following imprisonment, for each preceding conviction
3 or convictions alleged in the multiple offender bill for a crime of violence as
4 defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541 and the date
5 of the commission of the following offense or offenses. In computing the
6 intervals of time as provided in this Paragraph, any period of parole, probation,
7 or incarceration by a person in a penal institution, within or without the state,
8 shall not be included in the computation of any of the ten-year periods between
9 the expiration of correctional supervision, or term of imprisonment if the
10 offender is not placed on supervision following imprisonment, for a crime of
11 violence as defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541 and
12 the next succeeding offense or offenses.
13 * * *
14 I. If the court finds that a sentence imposed under the provisions of this
15 Section would be constitutionally excessive pursuant to the criteria set forth in
16 State v. Dorthey, 623 So.2d 1276 (La. 1993), then the court shall state for the
17 record the reasons for such finding and shall impose the most severe sentence
18 that is not constitutionally excessive.
19 J. For purposes of this Section, "correctional supervision" means any
20 period of parole, probation, or incarceration of a person in a penal institution,
21 either within the state of Louisiana or outside of the state.
22 Section 2. This Act shall become effective November 1, 2017, and shall have
23 prospective application only to offenders whose convictions became final on or after
24 November 1, 2017.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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