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 Engrossed 2021 Regular Session Jones
Abstract: Amends elements of second degree murder and elements of manslaughter, 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 specifies that second degree murder occurs when the offender unlawfully distributes
or dispenses fentanyl or carfentanil or a mixture or substance containing a detectable amount of
either or of its analogues.
Present law provides relative to the crime of manslaughter and provides for penalties. Proposed law retains present law and further specifies that manslaughter occurs 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, except for
fentanyl or carfentanil.
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 prospective application only.
Effective Sept. 1, 2021.
(Amends R.S. 14:30.1; Adds R.S. 14:31(A)(4) and R.S. 15:827.2(E))
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 the citations.
2. Specify that second degree murder occurs when the offender unlawfully distributes or
dispenses fentanyl or carfentanil or a mixture or substance containing a detectable
amount of either or of its analogues.
3. Specify that manslaughter occurs 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, except for fentanyl
or carfentanil.
4. Specify that proposed law has prospective application only.