HLS 18RS-791 ENGROSSED
2018 Regular Session
HOUSE BILL NO. 253
BY REPRESENTATIVE CONNICK
CRIMINAL/HABIT OFFENDERS: Provides relative to the application of the habitual
offender law
1 AN ACT
2To enact R.S. 15:529.1(K), relative to the habitual offender law; to provide relative to the
3 application of the habitual offender law; and to provide for related matters.
4Be it enacted by the Legislature of Louisiana:
5 Section 1. R.S. 15:529.1(K) is hereby enacted to read as follows:
6 ยง529.1. Sentences for second and subsequent offenses; certificate of warden or clerk
7 of court in the state of Louisiana as evidence
8 * * *
9 K.(1) Except as provided in Paragraph (2) of this Subsection,
10 notwithstanding any provision of law to the contrary, the court shall apply the
11 provisions of this Section that were in effect on the date that the defendant's instant
12 offense was committed.
13 (2) The provisions of Subsection C of this Section as amended by Act Nos.
14 257 and 282 of the 2017 Regular Session of the Legislature, which provides for the
15 amount of time that must elapse between the current and prior offense for the
16 provisions of this Section to apply, shall apply to any bill of information filed
17 pursuant to the provisions of this Section on or after November 1, 2017, accusing the
18 person of a previous conviction.
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-791 ENGROSSED
HB NO. 253
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)]
HB 253 Engrossed 2018 Regular Session Connick
Abstract: Provides that a defendant shall be subject to the version of the habitual offender
law that was in effect on the date that the defendant's instant offense was committed,
except for the cleansing period provision which is applied based on the date of the
filing of the bill of information accusing the person of a prior conviction.
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
shall be subject to certain enhanced penalties set forth in present law.
Prior law (prior to Act Nos. 257 and 282 of the 2017 R.S.) provided 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. Further provided that in computing the intervals of time,
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.
Present law (as amended by Act Nos. 257 and 282 of the 2017 R.S.) retains prior 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, present law (as amended by Act Nos. 257 and 282 of the 2017
R.S.) provides that the current offense cannot be counted as a second, third, fourth, or
subsequent offense if more than five 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.
Proposed law provides the court shall apply to a defendant the provisions of law that were
in effect on the date that the defendant's instant offense was committed, except the
provisions of present law as amended by Act Nos. 257 and 282 of the 2017 R.S. that provide
for the amount of time that must elapse between the current and prior offense for the habitual
offender law to apply, shall apply to any bill of information filed on or after Nov. 1, 2017,
accusing the person of a previous conviction.
(Adds R.S. 15:529.1(K))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Add that the provisions of present law as amended by Act Nos. 257 and 282 of
the 2017 R.S. that provide for the amount of time that must elapse between the
current and prior offense for the habitual offender law to apply, shall apply to
any bill of information filed on or after Nov. 1, 2017, accusing the person of a
previous conviction.
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-791 ENGROSSED
HB NO. 253
2. To conform with the amendment, remove from proposed law the provision which
states that the entirety of the habitual offender law in effect at the time that the
instant offense is committed is applied.
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.