HLS 21RS-470 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 158
BY REPRESENTATIVE JONES
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME: Provides relative to second degree murder
1 AN ACT
2To amend and reenact R.S. 14:30.1 and to enact R.S. 15:827.2(E), relative to second degree
3 murder; to provide relative to certain elements of second degree murder; to provide
4 relative to the sentencing of second degree murder; to require the Department of
5 Public Safety and Corrections to compile certain information regarding those
6 imprisoned under second degree murder; to provide for an effective date; to provide
7 for prospective and retroactive application; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 14:30.1 is hereby amended and reenacted to read as follows:
10 §30.1. Second degree murder
11 A. Second degree murder is the killing of a human being under either of the
12 following circumstances:
13 (1) When the offender has a specific intent to kill or to inflict great bodily
14 harm; or.
15 (2) When the offender is engaged in the perpetration or attempted
16 perpetration of aggravated or first degree rape, forcible or second degree rape,
17 aggravated arson, aggravated burglary, aggravated kidnapping, second degree
18 kidnapping, aggravated escape, assault by drive-by shooting, armed robbery, first
19 degree robbery, second degree robbery, simple robbery, cruelty to juveniles, second
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HB NO. 158
1 degree cruelty to juveniles, or terrorism, even though he has no intent to kill or to
2 inflict great bodily harm.
3 (3) When the offender unlawfully distributes or dispenses a controlled
4 dangerous substance listed in Schedules I through V of the Uniform Controlled
5 Dangerous Substances Law, or any combination thereof, which is the direct cause
6 of the death of the recipient who ingested or consumed the controlled dangerous
7 substance.
8 (4) When the offender unlawfully distributes or dispenses a controlled
9 dangerous substance listed in Schedules I through V of the Uniform Controlled
10 Dangerous Substances Law, or any combination thereof, to another who
11 subsequently distributes or dispenses such controlled dangerous substance which is
12 the direct cause of the death of the person who ingested or consumed the controlled
13 dangerous substance.
14 B.(1) Whoever commits the crime of second degree murder as provided in
15 Paragraph (A)(1) shall be punished by the minimum sentence of life imprisonment
16 at hard labor with the first twenty-five years without benefit of parole, probation or
17 suspension of sentence and a maximum sentence of life imprisonment at hard labor
18 without benefit of parole, probation, or suspension of sentence.
19 (2) Whoever commits the crime of second degree murder as provided in
20 Paragraph (A)(2) shall be punished by a sentence of life imprisonment at hard labor
21 with the first twenty-five years without benefit of parole, probation, or suspension
22 of sentence.
23 Section 2. R.S. 15:827.2(E) is hereby enacted to read as follows:
24 §827.2. Data collection and reporting requirements
25 * * *
26 E. The department shall compile and make publically available a list of all
27 people within its custody imprisoned under R.S. 14:30.1 by September 1, 2021. The
28 list shall include the date imprisonment began, the Department of Public Safety and
29 Corrections identification number, and the parish in which the person was convicted.
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1 The department shall compile and make available to the public the list quarterly until
2 September 1, 2022, and then annually thereafter.
3 Section 3. The provisions of this Act shall be given prospective and retroactive
4application.
5 Section 4. This Act shall become effective on September 1, 2021.
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 158 Original 2021 Regular Session Jones
Abstract: Amends certain elements of second degree murder; provides for a minimum and
maximum sentence for those convicted of second degree murder; and requires the
Dept. of Public Safety and Corrections to compile a list to be made public of all
people in its custody imprisoned under second degree murder by Sept. 1, 2021.
Present law provides that second degree murder is the killing of a human being:
(1)When the offender has a specific intent to kill or to inflict great bodily harm.
(2)When the offender is engaged in the perpetration or attempted perpetration of
aggravated or first degree rape, forcible or second degree rape, aggravated arson,
aggravated burglary, aggravated kidnapping, second degree kidnapping, aggravated
escape, assault by drive-by shooting, armed robbery, first degree robbery, second
degree robbery, simple robbery, cruelty to juveniles, second degree cruelty to
juveniles, or terrorism, even though he has no intent to kill or to inflict great bodily
harm.
(3)When the offender unlawfully distributes or dispenses a controlled dangerous
substance listed in Schedules I through V of the Uniform Controlled Dangerous
Substances Law, or any combination thereof, which is the direct cause of the death
of the recipient who ingested or consumed the controlled dangerous substance.
(4)When the offender unlawfully distributes or dispenses a controlled dangerous
substance listed in Schedules I through V of the Uniform Controlled Dangerous
Substances Law, or any combination thereof, to another who subsequently distributes
or dispenses such controlled dangerous substance which is the direct cause of the
death of the person who ingested or consumed the controlled dangerous substance.
Present law further provides that whoever commits the crime of second degree murder shall
be punished by life imprisonment at hard labor without benefit of parole, probation, or
suspension of sentence.
Proposed law limits the application of present law to any individual with the specific intent
to kill or any individual engaged in the perpetration or attempted perpetration of the listed
present law crimes.
Proposed law removes from the elements of second degree murder the unlawful distribution
or dispensing of a controlled dangerous substance or any combination thereof which is the
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direct cause of death of a recipient who ingested or consumed the controlled dangerous
substance.
Proposed law also removes from the elements of second degree murder the unlawful
distribution or dispensing of a controlled dangerous substance or any combination thereof
to another who subsequently distributes or dispenses such controlled dangerous substance
which is the direct cause of death of the person who ingested or consumed the controlled
dangerous substance.
Proposed law requires a minimum sentence of life imprisonment at hard labor with the first
25 years without benefit of parole, probation, or suspension of sentence and proposed law
specifies that the maximum sentence is life imprisonment at hard labor without benefit of
parole, probation, or suspension of sentence when the offender has a specific intent to kill
or to inflict great bodily harm.
Proposed law requires a sentence of life imprisonment at hard labor with the first 25 years
without benefit of parole, probation, or suspension of sentence when the offender is engaged
in the perpetration or attempted perpetration of the listed activity and committed the
homicide.
Proposed law requires the Dept. of Public Safety and Corrections to compile a list to be
made available to the public of all people in its custody imprisoned under second degree
murder by Sept. 1, 2021.
Proposed law further requires that the list shall include the date imprisonment began, the
Dept. of Public Safety and Corrections identification number, and the parish in which that
person was convicted.
Proposed law further requires that the list be made quarterly until Sept. 1, 2022, and then
annually after.
Specifies that proposed law shall have retroactive and prospective application.
Effective Sept. 1, 2021.
(Amends R.S. 14:30.1; Adds R.S. 15:827.2(E))
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