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 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.
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.