HLS 21RS-472 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 145
BY REPRESENTATIVE BRYANT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PARDON/PAROLE: Provides relative to parole
1 AN ACT
2To amend and reenact R.S. 15:574.4(A)(2) and (B)(1), relative to parole; to provide relative
3 to parole eligibility; to provide relative to the parole eligibility of persons convicted
4 of certain crimes; to provide relative to the parole eligibility of persons serving
5 certain terms of imprisonment; to provide for prospective and retroactive application;
6 and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 15:574.4(A)(2) and (B)(1) are hereby amended and reenacted to read
9as follows:
10 ยง574.4. Parole; eligibility; juvenile offenders
11 A.
12 * * *
13 (2) Notwithstanding the provisions of Paragraph (1) of this Subsection or any
14 other law to the contrary, unless eligible for parole at an earlier date, a person
15 committed to the Department of Public Safety and Corrections for a term or terms
16 of imprisonment with or without benefit of parole for thirty years or more shall be
17 eligible for parole consideration upon serving at least twenty years of the term or
18 terms of imprisonment in actual custody and upon reaching the age of forty-five.
19 This provision shall not apply to a person serving a life sentence unless the sentence
20 has been commuted to a fixed term of years. The provisions of this Paragraph shall
21 not apply to any person who has been convicted under the provisions of R.S. 14:64.
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HB NO. 145
1 The provisions of this Paragraph shall not apply to any person who has been
2 convicted of a crime of violence as defined in R.S. 14:2(B) or a sex offense as
3 defined in R.S. 15:541 when the offense was committed on or after July 1, 2008.
4 * * *
5 B.(1) No person shall be eligible for parole consideration who has been
6 convicted of armed robbery and denied parole eligibility under the provisions of R.S.
7 14:64. Except as provided in Paragraph (2) of this Subsection, and except as
8 provided in Paragraph (A)(5) and Subsections D, E, and H of this Section, no
9 prisoner serving a life sentence shall be eligible for parole consideration until his life
10 sentence has been commuted to a fixed term of years. No prisoner sentenced as a
11 serial sexual offender shall be eligible for parole. No prisoner may be paroled while
12 there is pending against him any indictment or information for any crime suspected
13 of having been committed by him while a prisoner. Notwithstanding any other
14 provisions of law to the contrary, a person convicted of a crime of violence when the
15 offense was committed after July 1, 2008, and not otherwise ineligible for parole
16 shall serve at least sixty-five percent of the sentence imposed, before being eligible
17 for parole release on good time parole supervision. The victim or victim's family
18 shall be notified whenever the offender is to be released provided that the victim or
19 victim's family has completed a Louisiana victim notice and registration form as
20 provided in R.S. 46:1841 et seq., or has otherwise provided contact information and
21 has indicated to the Department of Public Safety and Corrections, Crime Victims
22 Services Bureau, that they desire such notification.
23 * * *
24 Section 2. The provisions of this Act shall be given prospective and retroactive
25application.
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are additions. HLS 21RS-472 ORIGINAL
HB NO. 145
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 145 Original 2021 Regular Session Bryant
Abstract: Allows for parole eligibility of persons convicted of specific crimes under certain
circumstances.
Present law provides that notwithstanding present law provisions, unless eligible for parole
at an earlier date, a person committed to the Dept. of Public Safety and Corrections for a
term or terms of imprisonment with or without benefit of parole for 30 years or more shall
be eligible for parole consideration upon serving at least 20 years of the term or terms of
imprisonment in actual custody and upon reaching the age of 45.
Present law further provides that parole eligibility is not applicable to any person who has
been convicted of armed robbery under R.S. 14:64, a crime of violence as defined in R.S.
14:2(B), or a sex offense as defined in R.S. 15:541.
Proposed law amends present law to provide that persons who have been convicted of armed
robbery under R.S. 14:64 shall be eligible for parole consideration upon serving at least 20
years of the term or terms of imprisonment in actual custody and upon reaching the age of
45.
Proposed law specifies that a person who has been convicted of a crime of violence or a sex
offense shall not be eligible for parole when the offense was committed on or after July 1,
2008.
Present law provides that except as provided by present law, no prisoner serving a life
sentence shall be eligible for parole consideration until his life sentence has been commuted
to a fixed term of years and no prisoner sentenced as a serial sexual offender shall be eligible
for parole. No prisoner may be paroled while there is pending against him any indictment
or information for any crime suspected of having been committed by him while a prisoner.
Present law further provides that a person convicted of a crime of violence and not otherwise
ineligible for parole shall serve at least 65% of the sentence imposed, before being eligible
for parole.
Present law also provides that the victim or victim's family shall be notified whenever the
offender is to be released provided that the victim or victim's family has completed a
Louisiana victim notice and registration form as provided in R.S. 46:1841 et seq., or has
otherwise provided contact information and has indicated to the Dept. of Public Safety and
Corrections, Crime Victims Services Bureau, that they desire such notification.
Proposed law retains present law but removes the prohibition that no person shall be eligible
for parole consideration who has been convicted of armed robbery and denied under the
provisions of present law (R.S. 14:64).
Proposed law further amends present law to provide that notwithstanding any provision of
present law, a person convicted of a crime of violence when the offense was committed after
July 1, 2008, and not otherwise ineligible for parole shall serve at least 65% of the sentence
imposed before being eligible for release on good time parole supervision.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-472 ORIGINAL
HB NO. 145
Specifies that proposed law shall have retroactive and prospective application.
(Amends R.S. 15:574.4(A)(2) and (B)(1))
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are additions.