Louisiana 2021 Regular Session

Louisiana House Bill HB145 Latest Draft

Bill / Chaptered Version

                            ENROLLED
ACT No. 122
2021 Regular Session
HOUSE BILL NO. 145
BY REPRESENTATIVE BRYANT AND SENATORS BOUDREAUX AND FRED
MILLS
1	AN ACT
2 To 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.
7 Be 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
9 R.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.
22 The provisions of this Paragraph shall not apply to any person who has been
23 convicted of a crime of violence as defined in R.S. 14:2(B) or a sex offense as
24 defined in R.S. 15:541 when the offense was committed on or after August 1, 2014.
25	*          *          *
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1	(6)(a)  Notwithstanding the provisions of Paragraph (A)(1) or Subsection B
2 of this Section or of any provision of law to the contrary, a person committed to the
3 Department of Public Safety and Corrections shall be eligible for parole
4 consideration upon serving fifteen years in actual custody if all of the following
5 conditions are met:
6	(i)  The person was not eligible for parole consideration at an earlier date.
7	(ii)  The person was sentenced to life imprisonment without parole,
8 probation, or suspension of sentence after being convicted of a third or subsequent
9 felony offense under R.S. 15:529.1 for the instant offense.
10	(b)  The provisions of Subparagraph (a) of this Paragraph shall not apply to
11 any person who meets any of the following criteria:
12	(i)  The instant conviction is a crime of violence under R.S. 14:2(B).
13	(ii)  The instant conviction or any prior conviction, whether or not that prior
14 conviction was used in the habitual offender conviction under R.S. 15:529.1, is both
15 a crime of violence under R.S. 14:2(B) and a sex offense under R.S. 15:541.
16	(iii)  The person would still qualify for a sentence of life imprisonment
17 without parole, probation, or suspension of sentence as a third or subsequent offense
18 under R.S. 15:529.1, as it was amended by Act Nos. 257 and 282 of the 2017
19 Regular Session of the Legislature.
20	B.(1)  No person shall be eligible for parole consideration who has been
21 convicted of armed robbery and denied parole eligibility under the provisions of R.S.
22 14:64. Except as provided in Paragraph (2) of this Subsection, and except as
23 provided in Paragraph (A)(5) and Subsections D, E, and H of this Section, no
24 prisoner serving a life sentence shall be eligible for parole consideration until his life
25 sentence has been commuted to a fixed term of years. No prisoner sentenced as a
26 serial sexual offender shall be eligible for parole. No prisoner may be paroled while
27 there is pending against him any indictment or information for any crime suspected
28 of having been committed by him while a prisoner. Notwithstanding any other
29 provisions of law to the contrary, a person convicted of a crime of violence and not
30 otherwise ineligible for parole shall serve at least sixty-five percent of the sentence
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1 imposed, before being eligible for parole.  The victim or victim's family shall be
2 notified whenever the offender is to be released provided that the victim or victim's
3 family has completed a Louisiana victim notice and registration form as provided in
4 R.S. 46:1841 et seq., or has otherwise provided contact information and has indicated
5 to the Department of Public Safety and Corrections, Crime Victims Services Bureau,
6 that they desire such notification.
7	*          *          *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.