HLS 21RS-654 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 490
BY REPRESENTATIVE DUPLESSIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PAROLE: Provides relative to parole eligibility for certain persons
1 AN ACT
2To amend and reenact R.S. 15:574.4(A)(1)(b)(i) and (2), (B)(1), (D), (E)(introductory
3 paragraph), and (F), to enact R.S. 15:574.4(B)(3), and to repeal Code of Criminal
4 Procedure Article 878.1 and R.S. 15:574.4(G), (H), (I), and (J), relative to parole
5 eligibility; to allow certain persons with fixed sentences to be eligible for parole
6 consideration after a certain time period; to allow certain persons serving life
7 sentences to be eligible for parole consideration after a certain time period and upon
8 certain conditions; to remove certain prohibitions against eligibility for parole
9 consideration; to provide for parole eligibility for juvenile offenders; to provide
10 relative to hearings to determine parole eligibility for certain juvenile offenders; to
11 provide for an effective date; to provide for prospective and retroactive application;
12 and to provide for related matters.
13Be it enacted by the Legislature of Louisiana:
14 Section 1. R.S. 15:574.4(A)(1)(b)(i) and (2), (B)(1), (D), (E)(introductory
15paragraph), and (F) are hereby amended and reenacted and R.S. 15:574.4(B)(3) is hereby
16enacted to read as follows:
17 ยง574.4. Parole; eligibility; juvenile offenders
18 A.(1)
19 * * *
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1 (b)(i) A person, otherwise eligible for parole, whose instant offense is a
2 second or subsequent conviction of a crime of violence as defined in R.S. 14:2(B)
3 or a first or second subsequent conviction of a sex offense as defined in R.S. 15:541
4 shall be eligible for parole consideration upon serving seventy-five percent of the
5 sentence imposed. A person convicted a third or subsequent time of a crime of
6 violence as defined in R.S. 14:2(B) or a third or subsequent time of a sex offense as
7 defined in R.S. 15:541 shall not be eligible for parole.
8 * * *
9 (2) Notwithstanding the provisions of Paragraph (1) of this Subsection or any
10 other law to the contrary, unless eligible for parole at an earlier date, a person
11 committed to the Department of Public Safety and Corrections for a term or terms
12 of imprisonment with or without benefit of parole for thirty years or more shall be
13 eligible for parole consideration upon serving at least twenty years of the term or
14 terms of imprisonment in actual custody and upon reaching the age of forty-five.
15 This provision shall not apply to a person serving a life sentence unless the sentence
16 has been commuted to a fixed term of years. The provisions of this Paragraph shall
17 not apply to any person who has been convicted under the provisions of R.S. 14:64.
18 The provisions of this Paragraph shall not apply to any person who has been
19 convicted of a crime of violence as defined in R.S. 14:2(B) or a sex offense as
20 defined in R.S. 15:541.
21 * * *
22 B.(1) No person shall be eligible for parole consideration who has been
23 convicted of armed robbery and denied parole eligibility under the provisions of R.S.
24 14:64. Except as provided in Paragraph (2) of this Subsection, and except as
25 provided in Paragraph (A)(5) and Subsections D, E, and H of this Section, no
26 prisoner serving a life sentence shall be eligible for parole consideration until his life
27 sentence has been commuted to a fixed term of years. No prisoner sentenced as a
28 serial sexual offender shall be eligible for parole. No prisoner may be paroled while
29 there is pending against him any indictment or information for any crime suspected
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HB NO. 490
1 of having been committed by him while a prisoner. Notwithstanding any other
2 provisions of law to the contrary, a person convicted of a crime of violence and not
3 otherwise ineligible for parole shall serve at least sixty-five percent of the sentence
4 imposed, before being eligible for parole. The victim or victim's family shall be
5 notified whenever the offender is to be released provided that the victim or victim's
6 family has completed a Louisiana victim notice and registration form as provided in
7 R.S. 46:1841 et seq., or has otherwise provided contact information and has indicated
8 to the Department of Public Safety and Corrections, Crime Victims Services Bureau,
9 that they desire such notification.
10 * * *
11 (3) Notwithstanding any provision of law to the contrary, any person serving
12 a term or terms of life imprisonment, with or without the benefit of parole, and
13 unless eligible for parole at an earlier date, shall be eligible for parole consideration
14 pursuant to this Subsection if all of the following conditions have been met:
15 (a) The offender has served at least twenty-five years of the sentence
16 imposed.
17 (b) The offender has not committed a major disciplinary offense in the
18 twelve consecutive months prior to the parole hearing date. A major disciplinary
19 offense is an offense identified as a Schedule B offense by the Department of Public
20 Safety and Corrections in the Disciplinary Rules and Procedures for Adult Offenders.
21 (c) The offender has completed the mandatory minimum of one hundred
22 hours of prerelease programming in accordance with R.S. 15:827.1.
23 (d) The offender has completed substance abuse treatment, if applicable, and
24 such treatment is available at the facility where the offender is incarcerated.
25 (e) The offender has obtained or completed at least one of the following:
26 (i) A literacy program.
27 (ii) An adult basic education program.
28 (iii) A job skills training program.
29 (iv) A GED certification.
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HB NO. 490
1 (f) The offender has obtained a low-risk level designation determined by a
2 validated risk assessment instrument approved by the secretary of the Department
3 of Public Safety and Corrections.
4 * * *
5 D.(1) Notwithstanding any provision of law to the contrary, any person
6 serving a sentence of life imprisonment who was under the age of eighteen years at
7 the time of the commission of the offense, except for a person serving a life sentence
8 for a conviction of first degree murder (R.S. 14:30) or second degree murder (R.S.
9 14:30.1), shall be eligible for parole consideration pursuant to the provisions of this
10 Subsection if all of the following conditions have been met:
11 (a) The offender has served twenty-five years of the sentence imposed.
12 (b) The offender has not committed any major disciplinary offenses in the
13 twelve consecutive months prior to the parole hearing date. A major disciplinary
14 offense is an offense identified as a Schedule B offense by the Department of Public
15 Safety and Corrections in the Disciplinary Rules and Procedures for Adult Offenders.
16 (c) The offender has completed the mandatory minimum of one hundred
17 hours of prerelease programming in accordance with R.S. 15:827.1.
18 (d) The offender has completed substance abuse treatment as applicable.
19 (e) The offender has obtained a GED certification, unless the offender has
20 previously obtained a high school diploma or is deemed by a certified educator as
21 being incapable of obtaining a GED certification due to a learning disability. If the
22 offender is deemed incapable of obtaining a GED certification, the offender shall
23 complete at least one of the following:
24 (i) A literacy program.
25 (ii) An adult basic education program.
26 (iii) A job skills training program.
27 (f) The offender has obtained a low-risk level designation determined by a
28 validated risk assessment instrument approved by the secretary of the Department
29 of Public Safety and Corrections.
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1 (g) The offender has completed a reentry program to be determined by the
2 Department of Public Safety and Corrections.
3 (h) If the offender was convicted of aggravated or first degree rape, he shall
4 be designated a sex offender and upon release shall comply with all sex offender
5 registration and notification provisions as required by law.
6 (2) For each offender eligible for parole consideration pursuant to the
7 provisions of this Subsection, the committee on parole shall meet in a three-member
8 panel, and each member of the panel shall be provided with and shall consider a
9 written evaluation of the offender by a person who has expertise in adolescent brain
10 development and behavior and any other relevant evidence pertaining to the
11 offender.
12 (3) The panel shall render specific findings of fact in support of its decision.
13 E.(1) Notwithstanding any provision of law to the contrary and except as
14 provided in Subsection G of this Section, any person serving a sentence of life
15 imprisonment for a conviction of first degree murder (R.S. 14:30) who was under the
16 age of eighteen years at the time of the commission of the offense and whose
17 indictment for the offense is on or after August 1, 2017, shall be eligible for parole
18 consideration pursuant to the provisions of this Subsection if a judicial determination
19 has been made that the person is entitled to parole eligibility pursuant to Code of
20 Criminal Procedure Article 878.1(A) and all of the following conditions have been
21 met:
22 (a) The offender has served twenty-five years of the sentence imposed.
23 (b) The offender has not committed any major disciplinary offenses in the
24 twelve consecutive months prior to the parole hearing date. A major disciplinary
25 offense is an offense identified as a Schedule B offense by the Department of Public
26 Safety and Corrections in the Disciplinary Rules and Procedures for Adult Offenders.
27 (c) The offender has completed the mandatory minimum of one hundred
28 hours of prerelease programming in accordance with R.S. 15:827.1.
29 (d) The offender has completed substance abuse treatment as applicable.
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1 (e) The offender has obtained a GED certification, unless the offender has
2 previously obtained a high school diploma or is deemed by a certified educator as
3 being incapable of obtaining a GED certification due to a learning disability. If the
4 offender is deemed incapable of obtaining a GED certification, the offender shall
5 complete at least one of the following:
6 (i) A literacy program.
7 (ii) An adult basic education program.
8 (iii) A job skills training program.
9 (f) The offender has obtained a low-risk level designation determined by a
10 validated risk assessment instrument approved by the secretary of the Department
11 of Public Safety and Corrections.
12 (g) The offender has completed a reentry program to be determined by the
13 Department of Public Safety and Corrections.
14 (2) For each offender eligible for parole consideration pursuant to the
15 provisions of this Subsection, the board shall meet in a three-member panel, and each
16 member of the panel shall be provided with and shall consider a written evaluation
17 of the offender by a person who has expertise in adolescent brain development and
18 behavior and any other relevant evidence pertaining to the offender.
19 (3) The panel shall render specific findings of fact in support of its decision.
20 F.(1) Notwithstanding any provision of law to the contrary and except as
21 provided in Subsection G of this Section, any person serving a sentence of life
22 imprisonment for a conviction of second degree murder (R.S. 14:30.1) who was
23 under the age of eighteen years at the time of the commission of the offense and
24 whose indictment for the offense is on or after August 1, 2017, shall be eligible for
25 parole consideration if all of the following conditions have been met:
26 (a) The offender has served twenty-five years of the sentence imposed.
27 (b) The offender has not committed any major disciplinary offenses in the
28 twelve consecutive months prior to the parole hearing date. A major disciplinary
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HB NO. 490
1 offense is an offense identified as a Schedule B offense by the Department of Public
2 Safety and Corrections in the Disciplinary Rules and Procedures for Adult Offenders.
3 (c) The offender has completed the mandatory minimum of one hundred
4 hours of pre-release programming in accordance with R.S. 15:827.1.
5 (d) The offender has completed substance abuse treatment as applicable.
6 (e) The offender has obtained a GED certification, unless the offender has
7 previously obtained a high school diploma or is deemed by a certified educator as
8 being incapable of obtaining a GED certification due to a learning disability. If the
9 offender is deemed incapable of obtaining a GED certification, the offender shall
10 complete at least one of the following:
11 (i) A literacy program.
12 (ii) An adult basic education program.
13 (iii) A job skills training program.
14 (f) The offender has obtained a low-risk level designation determined by a
15 validated risk assessment instrument approved by the secretary of the Department
16 of Public Safety and Corrections.
17 (g) The offender has completed a reentry program to be determined by the
18 Department of Public Safety and Corrections.
19 (2) For each offender eligible for parole consideration pursuant to the
20 provisions of this Subsection, the board shall meet in a three-member panel, and each
21 member of the panel shall be provided with and shall consider a written evaluation
22 of the offender by a person who has expertise in adolescent brain development and
23 behavior and any other relevant evidence pertaining to the offender.
24 (3) The panel shall render specific findings of fact in support of its decision.
25 G.(1) Notwithstanding any provision of law to the contrary, any person
26 serving a sentence of life imprisonment for a conviction of first degree murder (R.S.
27 14:30) or second degree murder (R.S. 14:30.1) who was under the age of eighteen
28 years at the time of the commission of the offense and whose indictment for the
29 offense was prior to August 1, 2017, shall be eligible for parole consideration
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1 pursuant to the provisions of this Subsection if a judicial determination has been
2 made that the person is entitled to parole eligibility pursuant to Code of Criminal
3 Procedure Article 878.1(B) and all of the following conditions have been met:
4 (a) The offender has served twenty-five years of the sentence imposed.
5 (b) The offender has not committed any major disciplinary offenses in the
6 twelve consecutive months prior to the parole hearing date. A major disciplinary
7 offense is an offense identified as a Schedule B offense by the Department of Public
8 Safety and Corrections in the Disciplinary Rules and Procedures for Adult Offenders.
9 (c) The offender has completed the mandatory minimum of one hundred
10 hours of pre-release programming in accordance with R.S. 15:827.1.
11 (d) The offender has completed substance abuse treatment as applicable.
12 (e) The offender has obtained a GED certification, unless the offender has
13 previously obtained a high school diploma or is deemed by a certified educator as
14 being incapable of obtaining a GED certification due to a learning disability. If the
15 offender is deemed incapable of obtaining a GED certification, the offender shall
16 complete at least one of the following:
17 (i) A literacy program.
18 (ii) An adult basic education program.
19 (iii) A job skills training program.
20 (f) The offender has obtained a low-risk level designation determined by a
21 validated risk assessment instrument approved by the secretary of the Department
22 of Public Safety and Corrections.
23 (g) The offender has completed a reentry program to be determined by the
24 Department of Public Safety and Corrections.
25 (2) For each offender eligible for parole consideration pursuant to the
26 provisions of this Subsection, the board shall meet in a three-member panel, and each
27 member of the panel shall be provided with and shall consider a written evaluation
28 of the offender by a person who has expertise in adolescent brain development and
29 behavior and any other relevant evidence pertaining to the offender.
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1 (3) The panel shall render specific findings of fact in support of its decision.
2 H.(1) Notwithstanding any provision of law to the contrary, an offender
3 serving a life sentence for second degree murder (R.S. 14:30.1), term or terms of life
4 imprisonment, with or without the benefit of parole, and unless eligible for parole at
5 an earlier date, shall be eligible for parole consideration pursuant to the provisions
6 of this Subsection if all of the following conditions are met:
7 (a) The offender committed the offense after July 2, 1973, and prior to
8 June 29, 1979.
9 (b) The the offender has served at least forty thirty years of the sentence
10 imposed.
11 (2) An offender who has met the requirements of Paragraph (1) of this
12 Subsection and is granted a hearing before the committee on parole shall be released
13 on parole if a five member panel of the committee vote unanimously to grant parole.
14 I.E. On or before August 1, 2018, and no later than August first of each year
15 following, the Department of Public Safety and Corrections shall submit an annual
16 report to the legislature relative to offenders released from custody during the
17 preceding year pursuant to the provisions of this Section. This report shall include
18 the following information:
19 * * *
20 J.(1)F. Notwithstanding any provision of law to the contrary, and except as
21 provided in Subsections D, E, F, G, and H of this Section, for any person serving a
22 term or terms of imprisonment that result in a period of incarceration of twenty-five
23 years or more and who was under the age of eighteen years at the time of the
24 commission of the offense shall be eligible for parole consideration pursuant to the
25 provisions of this Subsection if all of the following conditions have been met:
26 (a) The offender has served at least twenty-five years of the sentence
27 imposed.
28 (b) The offender has not committed any major disciplinary offenses in the
29 twelve consecutive months prior to the parole hearing date. A major disciplinary
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1 offense is an offense identified as a Schedule B offense by the Department of Public
2 Safety and Corrections in the Disciplinary Rules and Procedures for Adult Offenders.
3 (c) The offender has completed the mandatory minimum of one hundred
4 hours of prerelease programming in accordance with R.S. 15:827.1.
5 (d) The offender has completed substance abuse treatment as applicable.
6 (e) The offender has obtained a GED certification, unless the offender has
7 previously obtained a high school diploma or is deemed by a certified educator as
8 being incapable of obtaining a GED certification due to a learning disability. If the
9 offender is deemed incapable of obtaining a GED certification, the offender shall
10 complete at least one of the following:
11 (i) A literacy program.
12 (ii) An adult basic education program.
13 (iii) A job skills training program.
14 (f) The offender has obtained a low-risk level designation determined by a
15 validated risk assessment instrument approved by the secretary of the Department
16 of Public Safety and Corrections.
17 (g) The offender has completed a reentry program to be determined by the
18 Department of Public Safety and Corrections.
19 (2) For each offender and is eligible for parole consideration pursuant to the
20 provisions of this Subsection Section, the committee on parole shall meet in a
21 three-member panel, shall consider the impact that the lack of brain development in
22 adolescence has on culpability and behavior, a juvenile offender's unique ability to
23 mature and grow, and any other relevant evidence or testimony pertaining to the
24 offender.
25 (3) The panel shall render specific findings of fact in support of its decision.
26 (4) The provisions of this Subsection shall not apply to a person serving a
27 sentence of life imprisonment for a conviction of R.S. 14:30, 30.1, 42, or 44.
28 Section 2. Code of Criminal Procedure Article 878.1 and R.S. 15:574.4(G), (H), (I),
29and (J) are hereby repealed in their entirety.
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HB NO. 490
1 Section 3. The provisions of this Act shall be given prospective and retroactive
2application.
3 Section 4. This Act shall become effective upon signature by the governor or, if not
4signed by the governor, upon expiration of the time for bills to become law without signature
5by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
6vetoed by the governor and subsequently approved by the legislature, this Act shall become
7effective on the day following such approval.
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 490 Original 2021 Regular Session Duplessis
Abstract: Allows for parole eligibility for certain persons who meet certain requirements.
Present law provides that a person, otherwise eligible for parole, whose instant offense is a
second conviction of a crime of violence or a first or a second conviction of a sex offense
shall be eligible for parole consideration upon serving 75% of the sentence imposed.
Present law further prohibits a person convicted a third or subsequent time of a crime of
violence or a third or subsequent time of a sex offense from parole eligibility.
Proposed law removes the present law prohibition and provides that persons convicted of
a sex offense or second or subsequent time for a crime of violence shall be eligible for parole
consideration upon serving 75% of the sentence imposed.
Present law provides that unless eligible for parole at an earlier date, a person committed to
the Dept. of Public Safety and Corrections for a term or terms of imprisonment with or
without benefit of parole for 30 years or more shall be eligible for parole consideration upon
serving at least 20 years of the term or terms of imprisonment in actual custody and upon
reaching the age of 45.
Further provides that present law does not apply to a person serving a life sentence unless
the sentence has been commuted to a fixed term of years. Provides that present law shall not
apply to a person convicted of armed robbery, a crime of violence, or a sex offense.
Proposed law amends present law to remove the age 45 requirement and removes the
prohibition on eligibility for parole considerations for persons convicted of armed robbery,
a crime of violence, or a sex offense.
Present law prohibits eligibility for parole consideration for a person who has been convicted
of armed robbery and denied parole eligibility. Further provides that no prisoner serving a
life sentence shall be eligible for parole consideration until his life sentence has been
commuted to a fixed term of years and no person sentenced as a serial sex offender shall be
eligible for parole.
Proposed law repeals present law.
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Proposed law provides that any person serving a term or terms of life imprisonment, with
or without the benefit of parole, and unless eligible for parole at an earlier date, shall be
eligible for parole consideration pursuant to the provisions of present law if certain proposed
law conditions are met.
Present law provides for parole eligibility for certain juvenile offenders as follows:
(1)Any person serving a sentence of life imprisonment for a non-homicide offense
who was under the age of 18 years at the time of the commission of the offense, shall
be eligible for parole consideration upon serving 25 years of the sentence imposed
and meeting certain conditions set forth in present law. (R.S. 15:574.4(D))
(2)Any person serving a sentence of life imprisonment for a conviction of first
degree murder (R.S. 14:30) who was under the age of 18 years at the time of the
commission of the offense and whose indictment for the offense is on or after
Aug. 1, 2017, shall be eligible for parole consideration if a judicial determination
has been made that the person is entitled to parole eligibility, the offender has
served 25 years of the sentence imposed, and the offender meets certain conditions
set forth in present law. (R.S. 15:574.4(E))
(3)Any person serving a sentence of life imprisonment for a conviction of second
degree murder (R.S. 14:30.1) who was under the age of 18 years at the time of the
commission of the offense and whose indictment for the offense is on or after
Aug. 1, 2017, shall be eligible for parole consideration upon serving 25 years of the
sentence imposed and meeting certain conditions set forth in present law.
(R.S.15:574.4(F))
(4)Any person serving a sentence of life imprisonment for a conviction of first or
second degree murder (R.S. 14:30 or 30.1) who was under the age of 18 years at
the time of the commission of the offense and whose indictment for the offense was
prior to Aug. 1, 2017, shall be eligible for parole consideration if a judicial
determination has been made that the person is entitled to parole eligibility, the
offender has served 25 years of the sentence imposed, and the offender meets certain
conditions set forth in present law. (R.S. 15:574.4(G))
(5)Any person serving a term or terms of imprisonment that result in a period of
incarceration of 25 years or more and who was under the age of 18 years at the time
of the commission of the offense shall be eligible for parole consideration upon
serving at least 25 years of the sentence imposed and upon meeting certain
conditions set forth in present law. (R.S. 15:574.4(J))
Present law further specifies that parole eligibility pursuant to this provision of present law
(R.S.15:574.4(J)) does not apply to a person serving a sentence of life imprisonment for a
conviction of first degree murder (R.S. 14:30), second degree murder (R.S. 14:30.1),
aggravated or first degree rape (R.S. 14:42), or aggravated kidnapping (R.S. 14:44).
Proposed law eliminates life imprisonment without the benefit of parole for juveniles (R.S.
15:574.4(D) through (G)).
Present law provides that an offender serving a life sentence for second degree murder shall
be eligible for parole consideration if all of the following conditions are met:
(1)The offender committed the offense after July 2, 1973, and prior to June 29, 1979.
(2)The offender has served at least 40 years of the sentence imposed.
Present law further requires a unanimous vote of the committee on parole.
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Proposed law amends present law to provide that an offender serving a term or terms of life
imprisonment, with or without the benefit of parole, and unless eligible for parole at an
earlier date, shall be eligible for parole consideration if the offender has served at least 30
years of the sentence imposed and removes the requirement of a unanimous vote of the
committee on parole.
Present law (R.S. 15:574.4(J)) provides that an offender serving a term or terms of
imprisonment that result in a period of incarceration of 25 years or more and who was under
the age of 18 at the time of the commission of the offense shall be eligible for parole
consideration upon meeting certain conditions, including but not limited to the following:
the offender has served at least 25 years of the sentence imposed, has not committed any
major disciplinary offenses in the 12 consecutive months prior to the parole hearing date,
completed the mandatory minimum of 100 hours of prerelease programming, and completed
a substance abuse treatment applicable.
Proposed law amends present law to require the committee on parole to meet in a three-
member panel to consider the impact that the lack of brain development in adolescence has
on culpability and behavior, a juvenile's unique ability to mature and grow, and any other
relevant evidence or testimony pertaining to the offender and render specific findings of fact
in support of its decision.
Present law (C.Cr.P. Art. 878.1) provides:
(1)If an offender is indicted on or after Aug. 1, 2017, for the crime of first degree
murder where the offender was under the age of 18 years at the time of the
commission of the offense, then the district attorney may file a notice of intent to
seek a sentence of life imprisonment without the possibility of parole within 180
days after the indictment. If the district attorney timely files the notice of intent, a
hearing must be conducted to determine whether the sentence is to be imposed with
or without parole eligibility. If the court determines that the sentence is to be
imposed without parole eligibility, then the defendant is not eligible for parole. If
the court determines that the offender is eligible for parole or if the district attorney
fails to timely file the notice of intent, then the offender will be eligible for parole
pursuant to present law, which requires certain conditions to be met, including the
condition that the offender is required to serve 25 years of the sentence imposed.
(2)If an offender is indicted on or after Aug. 1, 2017, for the crime of second degree
murder where the offender was under the age of 18 years at the time of the
commission of the offense, then the offender is eligible for parole pursuant to present
law, which requires certain conditions to be met, including the condition that the
offender be required to serve 25 years of the sentence imposed.
(3)If an offender was indicted prior to Aug. 1, 2017, for the crime of first or second
degree murder where the offender was under the age of 18 at the time of the
commission of the offense and a hearing was not held prior to Aug. 1, 2017, to
determine whether the offender's sentence should be imposed with or without parole
eligibility, then the district attorney may file a notice of intent to seek a sentence of
life imprisonment without the possibility of parole within 90 days of Aug. 1, 2017.
If the district attorney timely files the notice of intent, a hearing is to be conducted
to determine whether the sentence is to be imposed with or without parole eligibility.
If the court determines that the sentence is to be imposed without parole eligibility,
then the offender is not eligible for parole. If the court determines that the sentence
is to be imposed with parole eligibility or if the district attorney fails to timely file
the notice of intent, then the offender will be eligible for parole pursuant to present
law, which requires certain conditions to be met, including the condition that the
offender serve 25 years of the sentence imposed.
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HB NO. 490
(4)If an offender was indicted prior to Aug. 1, 2017, for the crime of first or second
degree murder where the offender was under the age of 18 years at the time of the
commission of the offense and a hearing was held to determine whether the
offender's sentence should be imposed with or without parole eligibility, then the
following apply:
(a)If the court determined that the offender's sentence was to be imposed with
parole eligibility, then the offender is eligible for parole pursuant to present
law.
(b)If the court determined that the offender's sentence was to be imposed
without parole eligibility, then the offender is not be eligible for parole.
Present law further provides that, with regard to the hearing for the judicial determination
as to the offender's parole eligibility:
(1)The admissibility of expert witness testimony is to be governed by present law (Code
of Evidence).
(2)The sole purpose of the hearing is to determine whether the sentence will be imposed
with or without parole eligibility.
(3)The court must state for the record the considerations taken into account and the
factual basis for its determination.
Proposed law repeals present law (C.Cr.P. Art. 878.1).
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 15:574.4(A)(1)(b)(i) and (2), (B)(1), (D), (E)(intro. para.), and (F); Adds R.S.
15:574.4(B)(3); Repeals C.Cr.P. Art. 878.1 and R.S. 15:574.4(G), (H), (I), and (J))
Page 14 of 14
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.