The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 395 Original 2018 Regular Session Gary Smith
Present law provides that second degree murder is the killing of a human being under any of the
following circumstances:
(1) The offender has a specific intent to kill or to inflict great bodily harm.
(2) The offender is engaged in the perpetration or attempted perpetration of certain present law
crimes, even though he has no intent to kill or to inflict great bodily harm.
(3) The offender unlawfully distributes or dispenses a controlled dangerous substance listed in
present law that is the direct cause of the death of the recipient who ingested or consumed
the controlled dangerous substance.
(4) The offender unlawfully distributes or dispenses a controlled dangerous substance listed in
present law to another who subsequently distributes or dispenses such controlled dangerous
substance that is the direct cause of the death of the person who ingested or consumed the
controlled dangerous substance.
Proposed law retains present law.
Present law provides that whoever commits the crime of second degree murder is to be punished by
life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.
Proposed law changes the punishment for second degree murder to imprisonment at hard labor for
at least 40 years or life imprisonment without benefit of parole, probation, or suspension of sentence.
However, proposed law further provides that if the offender is a principal to the offense who was
neither present at the commission of the offense, nor aided and abetted in the commission of the
offense, nor directly or indirectly counseled or procured another to commit the offense, then the
punishment is imprisonment at hard labor for up to 40 years.
Present law provides that in cases in which punishment must be imprisonment at hard labor,
including second degree murder, the case is to be tried by a jury of 12, at least 10 of whom must
concur to render a verdict.
Proposed law changes the number of jurors required for a verdict by providing that a charge of
second degree murder must be tried by a jury of 12, all 12 of whom must concur to render a verdict.
However, proposed law further provides that if the defendant is charged as a principal to the crime
of second degree murder, the case is to be tried by a jury of 12, only 10 of whom must concur to render a verdict.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends C.Cr.P. Art. 782 and R.S. 14:30.1(B))