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2018 Regular Session
SENATE BILL NO. 51
BY SENATOR MORRELL
CRIMINAL JUSTICE. Eliminates the death penalty. (8/1/18)
1 AN ACT
2 To amend and reenact R.S. 14:30(C), 42(D), and 113(C), relative to offenses punishable by
3 death; to eliminate the death penalty as punishment for the crimes of first degree
4 murder, first degree rape, and treason; to provide for the penalty of life imprisonment
5 for the crime of treason; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:30(C), 42(D), and 113(C) are hereby amended and reenacted to
8 read as follows:
9 §30. First degree murder
10 * * *
11 C.(1) If Except as provided in Paragraph (2) of this Subsection, if the
12 district attorney seeks a capital verdict, the offender shall be punished by death or
13 life imprisonment at hard labor without benefit of parole, probation, or suspension
14 of sentence, in accordance with the determination of the jury. The provisions of Code
15 of Criminal Procedure Article 782 relative to cases in which punishment may be
16 capital shall apply.
17 (2) If the district attorney does not seek a capital verdict or if the offense was
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 51
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1 committed on or after August 1, 2018, the offender shall be punished by life
2 imprisonment at hard labor without benefit of parole, probation or suspension of
3 sentence. The provisions of Code of Criminal Procedure Article 782 relative to cases
4 in which punishment is necessarily confinement at hard labor shall apply.
5 * * *
6 §42. First degree rape
7 * * *
8 D.(1) Whoever commits the crime of first degree rape shall be punished by
9 life imprisonment at hard labor without benefit of parole, probation, or suspension
10 of sentence.
11 (2) However, if the victim was under the age of thirteen years, as provided
12 by Paragraph (A)(4) of this Section:
13 (a) And if the district attorney seeks a capital verdict, the offender shall be
14 punished by death or life imprisonment at hard labor without benefit of parole,
15 probation, or suspension of sentence, in accordance with the determination of the
16 jury. The provisions of Code of Criminal Procedure Art. 782 relative to cases in
17 which punishment may be capital shall apply.
18 (b) And if the district attorney does not seek a capital verdict, the offender
19 shall be punished by life imprisonment at hard labor without benefit of parole,
20 probation, or suspension of sentence. The provisions of Code of Criminal Procedure
21 Art. 782 relative to cases in which punishment is necessarily confinement at hard
22 labor shall apply.
23 * * *
24 §113. Treason
25 * * *
26 C.(1) Whoever Except as provided in Paragraph (2) of this Subsection,
27 whoever commits the crime of treason shall be punished by death.
28 (2) If the offense was committed on or after August 1, 2018, the offender
29 shall be sentenced to life imprisonment at hard labor without benefit of parole,
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 51
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1 probation, or suspension of sentence.
2 Section 2. The provisions of this Act shall apply only to offenses committed on or
3 after August 1, 2018.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 51 Engrossed 2018 Regular Session Morrell
Present law provides that any person convicted of the crime of first degree murder is to be
punished by either death or life imprisonment at hard labor without benefit of parole,
probation, or suspension of sentence.
Present law provides that any person convicted of the crime of first degree rape is to be
punished by life imprisonment at hard labor without benefit of parole, probation, or
suspension of sentence. However, present law provides that if the victim of the first degree
rape was under the age of 13 years, the district attorney may seek the death penalty.
Present law provides that any person convicted of the crime of treason is to be punished by
death.
Proposed law eliminates the death penalty as a mandatory punishment for treason or a
possible punishment for the crimes of first degree murder and first degree rape. Proposed
law further provides for life imprisonment without benefit of parole, probation, or
suspension of sentence for the crime of treason. Proposed law further provides that the
elimination of the death penalty as provided for by proposed law relative to first degree
murder and treason applies only to offenses committed on or after 8/1/18. For offenses
committed prior to 8/1/18, proposed law retains present law.
Effective August 1, 2018.
(Amends R.S. 14:30(C), 42(D), and 113(C))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.