HLS 21RS-472 ENGROSSED
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) and to enact R.S. 15:574.4(A)(6),
3 relative to parole; to provide relative to parole eligibility; to provide relative to the
4 parole eligibility of persons convicted of certain crimes; to provide relative to the
5 parole eligibility of persons serving certain terms of imprisonment; and to provide
6 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 and
9R.S. 15:574.4(A)(6) is hereby enacted to read as 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 August 1, 2014.
4 * * *
5 (6)(a) Notwithstanding the provisions of Paragraph (A)(1) or Subsection B
6 of this Section or of any provision of law to the contrary, a person committed to the
7 Department of Public Safety and Corrections shall be eligible for parole
8 consideration upon serving fifteen years in actual custody if all of the following
9 conditions are met:
10 (i) The person was not eligible for parole consideration at an earlier date.
11 (ii) The person was sentenced to life imprisonment without parole,
12 probation, or suspension of sentence after being convicted of a third or subsequent
13 felony offense under R.S. 15:529.1 for the instant offense.
14 (b) The provisions of Subparagraph (a) of this Paragraph shall not apply to
15 any person who meets any of the following criteria:
16 (i) The instant conviction is a crime of violence under R.S. 14:2(B).
17 (ii) The instant conviction or any prior conviction, whether or not that prior
18 conviction was used in the habitual offender conviction under R.S. 15:529.1, is both
19 a crime of violence under R.S. 14:2(B) and a sex offense under R.S. 15:541.
20 (iii) The person would still qualify for a sentence of life imprisonment
21 without parole, probation, or suspension of sentence as a third or subsequent offense
22 under R.S. 15:529.1, as it was amended by Act Nos. 257 and 282 of the 2017
23 Regular Session.
24 B.(1) No person shall be eligible for parole consideration who has been
25 convicted of armed robbery and denied parole eligibility under the provisions of R.S.
26 14:64. Except as provided in Paragraph (2) of this Subsection, and except as
27 provided in Paragraph (A)(5) and Subsections D, E, and H of this Section, no
28 prisoner serving a life sentence shall be eligible for parole consideration until his life
29 sentence has been commuted to a fixed term of years. No prisoner sentenced as a
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HB NO. 145
1 serial sexual offender shall be eligible for parole. No prisoner may be paroled while
2 there is pending against him any indictment or information for any crime suspected
3 of having been committed by him while a prisoner. Notwithstanding any other
4 provisions of law to the contrary, a person convicted of a crime of violence and not
5 otherwise ineligible for parole shall serve at least sixty-five percent of the sentence
6 imposed, before being eligible for parole. The victim or victim's family shall be
7 notified whenever the offender is to be released provided that the victim or victim's
8 family has completed a Louisiana victim notice and registration form as provided in
9 R.S. 46:1841 et seq., or has otherwise provided contact information and has indicated
10 to the Department of Public Safety and Corrections, Crime Victims Services Bureau,
11 that they desire such notification.
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 145 Engrossed 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 Aug. 1,
2014.
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
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HB NO. 145
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 provides that notwithstanding present law or any provision of law to the
contrary, a person committed to the Dept. of Public Safety and Corrections shall be eligible
for parole consideration upon serving 15 years in actual custody if all of the following
conditions are met:
(1)The person was not eligible for parole consideration at an earlier date.
(2)The person was sentenced to life imprisonment without parole, probation, or
suspension of sentence after being convicted of a third or subsequent felony offense
under R.S. 15:529.1 for the instant offense.
Proposed law further provides that proposed law is not applicable to those who meet any of
the following criteria:
(1)The instant conviction is a crime of violence under R.S. 14:2(B).
(2)The instant conviction or any prior conviction, whether or not that prior conviction
was used in the habitual offender conviction under R.S. 15:529.1, is both a crime of
violence under R.S. 14:2(B) and a sex offense under R.S. 15:541.
(3) The person would still qualify for a sentence of life imprisonment without parole,
probation, or suspension of sentence as a third or subsequent offense under R.S.
15:529.1 as it was amended in Act Nos. 257 and 282 of the 2017 R.S.
(Amends R.S. 15:574.4(A)(2) and (B)(1); Adds R.S. 15:574.4(A)(6))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Make technical changes to citations.
2. With regard to those not eligible for parole consideration upon reaching 45 years
old and serving at least 20 years, change the date the offense was committed
from July 1, 2008, to Aug. 1, 2014, for those convicted of a crime of violence or
a sex offense.
3. Remove provision specifying that the offense be committed after July 1, 2008,
for those convicted of a crime of violence and required to serve at least 65% of
the sentence imposed.
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HB NO. 145
4. Remove retroactive application of proposed law.
5. Allow habitual offenders with non-violent and non-sex offenses who were
sentenced to life to be eligible for parole consideration after serving 15 years in
actual custody.
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are additions.