HLS 20RS-930 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 380
BY REPRESENTATIVE CARPENTER
CRIMINAL/SENTENCING: Provides relative to pleas of guilty or nolo contendere in
felony cases
1 AN ACT
2To enact Code of Criminal Procedure Article 556.1(A)(5), relative to pleas in criminal cases;
3 to provide relative to pleas of guilty or nolo contendere in felony cases; to provide
4 relative to duties of the court or defense counsel; to require the court or defense
5 counsel to inform a defendant of additional consequences as a result of a guilty plea
6 or nolo contendere; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Article 556.1(A)(5) is hereby enacted to read
9as follows:
10 Art. 556.1. Plea of guilty or nolo contendere in felony cases; duty of court duties of
11 the court and defense counsel
12 A. In a felony case, the court shall not accept a plea of guilty or nolo
13 contendere without first addressing the defendant personally in open court and
14 informing him of, and determining that he understands, all of the following:
15 * * *
16 (5) That if he pleads guilty or nolo contendere, he may be subject to
17 additional consequences or waivers of constitutional rights in the following areas as
18 a result of his plea to be informed as follows:
19 (a) Defense counsel or the court shall inform him regarding:
20 (i) Potential deportation, for a person who is not a United States citizen.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-930 ORIGINAL
HB NO. 380
1 (ii) The right to vote.
2 (iii) The right to bear arms.
3 (iv) The right to due process.
4 (v) The right to equal protection.
5 (b) Defense counsel or the court may inform him of additional direct or
6 potential consequences impacting the following:
7 (i) College admissions and financial aid.
8 (ii) Public housing benefits.
9 (iii) Employment and licensing restrictions.
10 (iv) Potential sentencing as a habitual offender.
11 (v) Standard of proof for probation or parole revocations.
12 * * *
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 380 Original 2020 Regular Session Carpenter
Abstract: Provides relative to the duties of the court and defense counsel when a defendant
pleads guilty or nolo contendere in felony cases.
Present law provides that the court shall not accept a plea of guilty or nolo contendere
without first addressing the defendant personally in open court and informing him of, and
determining that he understands, certain things including but not limited to: the nature of the
charges against him and the penalties for such offense; that he has a right to be represented
by an attorney at every stage of the proceeding against him; and that if he pleads guilty or
nolo contendere, he waives his right to a trial, right to confront evidence, and the right to be
free of self-incrimination.
Proposed law provides that the defendant is also informed that he may be subject to
additional consequences as a result of his plea of guilty or nolo contendere.
Proposed law requires the court or defense counsel to inform the defendant regarding all of
the following:
(1)Potential deportation, if applicable.
(2)Voting rights.
(3)Firearm rights.
(4)Due process rights.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-930 ORIGINAL
HB NO. 380
(5)Equal protection rights.
Proposed law permits the court or defense counsel to inform the defendant of the additional
or potential consequences including:
(1)College admissions and financial aid.
(2)Public housing benefits.
(3)Employment and licensing restrictions.
(4)Habitual offender sentencing.
(5)Probation and parole revocation standard of proof.
(Adds C.Cr.P. Art. 556.1(A)(5))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.