Louisiana House Bill HB376

Louisiana 2019 Regular Session

• Introduced: 3/29/19
• Refer: 3/29/19
• Refer: 4/8/19
• Report Pass: 5/1/19
• Engrossed: 5/15/19
• Refer: 5/16/19
• Report Pass: 5/21/19
• Enrolled: 5/29/19
• Chaptered: 6/11/19
• Passed: 6/11/19

Caption

Provides relative to sentencing when a defendant possessed, used, or discharged a firearm in the commission of certain offenses

Impact

The bill modifies Articles 893.2 and 893.3 of the Code of Criminal Procedure, allowing specific facts related to firearm usage or possession to be submitted to a jury for consideration in determining sentencing. It empowers juries to make findings of fact that could result in mandatory minimum sentences, fostering a greater sense of deterrence against firearm-related offenses. By establishing these conditions, HB376 seeks to affect how courts approach sentencing, particularly for violent felonies.

Summary

House Bill 376 aims to amend existing provisions in the Louisiana Code of Criminal Procedure regarding sentencing for offenders who possess, use, or discharge a firearm during the commission of certain crimes. The bill specifies that the court is required to impose minimum sentences based on the nature of the firearm involvement, introducing stricter penalties than those currently in place. This legislation intends to enhance accountability for gun-related crimes and responds to escalating concerns surrounding gun violence and public safety.

Sentiment

The discussions surrounding HB376 indicated a supportive sentiment from various lawmakers, particularly those advocating for stricter gun control measures and enhanced public safety. However, some critics raised concerns regarding the bill's potential implications for due process and fairness in the judicial system, arguing that mandatory minimums could lead to disproportionate sentences and an overburdened prison system. This divergence in opinion underscores the complex nature of firearm legislation within the broader context of criminal justice reform.

Contention

A notable point of contention is the bill's approach to mandatory minimum sentencing, which some perceive as a one-size-fits-all solution that might not account for the circumstances of individual cases. Critics also argue that the bill could lead to increased incarceration rates without effectively addressing the root causes of gun violence. These complexities reflect broader national debates around criminal justice policies and the balance between punishing offenders and rehabilitating them.