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 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))