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.
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.