HLS 21RS-470 ENGROSSED
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. 14:31(A)(4) and R.S. 15:827.2(E),
3 relative to second degree murder and manslaughter; to provide relative to certain
4 elements of second degree murder; to provide relative to certain elements of
5 manslaughter; to require the Department of Public Safety and Corrections to compile
6 certain information regarding those imprisoned under second degree murder; to
7 provide for an effective date; to provide for applicability; and to provide for related
8 matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 14:30.1 is hereby amended and reenacted and R.S. 14:31(A)(4) is
11hereby enacted to read as follows:
12 §30.1. Second degree murder
13 A. Second degree murder is the killing of a human being under either of the
14 following circumstances:
15 (1) When the offender has a specific intent to kill or to inflict great bodily
16 harm; or.
17 (2) When the offender is engaged in the perpetration or attempted
18 perpetration of aggravated or first degree rape, forcible or second degree rape,
19 aggravated arson, aggravated burglary, aggravated kidnapping, second degree
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HB NO. 158
1 kidnapping, aggravated escape, assault by drive-by shooting, armed robbery, first
2 degree robbery, second degree robbery, simple robbery, cruelty to juveniles, second
3 degree cruelty to juveniles, or terrorism, even though he has no intent to kill or to
4 inflict great bodily harm.
5 (3) When the offender unlawfully distributes or dispenses a controlled
6 dangerous substance listed in Schedules I through V of the Uniform Controlled
7 Dangerous Substances Law, or any combination thereof, fentanyl or a mixture or
8 substance containing a detectable amount of fentanyl or its analogues, or carfentanil
9 or a mixture or substance containing a detectable amount of carfentanil or its
10 analogues, which is the direct cause of the death of the recipient who ingested or
11 consumed the controlled dangerous substance.
12 (4) When the offender unlawfully distributes or dispenses a controlled
13 dangerous substance listed in Schedules I through V of the Uniform Controlled
14 Dangerous Substances Law, or any combination thereof, fentanyl or a mixture or
15 substance containing a detectable amount of fentanyl or its analogues, or carfentanil
16 or a mixture or substance containing a detectable amount of carfentanil or its
17 analogues to another who subsequently distributes or dispenses such controlled
18 dangerous substance which is the direct cause of the death of the person who
19 ingested or consumed the controlled dangerous substance.
20 B.(1) Whoever commits the crime of second degree murder as provided in
21 Paragraph (A)(1) shall be punished by the minimum sentence of life imprisonment
22 at hard labor with the first twenty-five years without benefit of parole, probation or
23 suspension of sentence and a maximum sentence of life imprisonment at hard labor
24 without benefit of parole, probation, or suspension of sentence.
25 (2) Whoever commits the crime of second degree murder as provided in
26 Paragraph (A)(2) shall be punished by a sentence of life imprisonment at hard labor
27 with the first twenty-five years without benefit of parole, probation, or suspension
28 of sentence.
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HB NO. 158
1 §31. Manslaughter
2 A. Manslaughter is:
3 * * *
4 (4) When the offender unlawfully distributes or dispenses a controlled
5 dangerous substance listed in Schedules I through V of the Uniform Controlled
6 Dangerous Substances Law, or any combination thereof, except for fentanyl or a
7 mixture or substance containing a detectable amount of fentanyl or its analogues, or
8 carfentanil or a mixture or substance containing a detectable amount of carfentanil
9 or its analogues, which is the direct cause of the death of the recipient who ingested
10 or consumed the controlled dangerous substance.
11 * * *
12 Section 2. R.S. 15:827.2(E) is hereby enacted to read as follows:
13 §827.2. Data collection and reporting requirements
14 * * *
15 E. The department shall compile and make publically available a list of all
16 people within its custody imprisoned under R.S. 14:30.1 by September 1, 2021. The
17 list shall include the date imprisonment began, the Department of Public Safety and
18 Corrections identification number, and the parish in which the person was convicted.
19 The department shall compile and make available to the public the list quarterly until
20 September 1, 2022, and then annually thereafter.
21 Section 3. The provisions of this Act shall be given prospective application only.
22 Section 4. This Act shall become effective on September 1, 2021.
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HB NO. 158
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.
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HB NO. 158
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.
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