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.
(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))