HLS 21RS-912 ENGROSSED
2021 Regular Session
HOUSE BILL NO. 493
BY REPRESENTATIVES PRESSLY AND VILLIO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/SENTENCING: Reduces diminution of sentence for good behavior for certain
weapons violations
1 AN ACT
2To amend and reenact R.S. 15:571.3(B)(2)(a) and (b) and to enact R.S.
3 15:571.3(B)(1)(b)(iv), relative to the diminution of sentences for good behavior; to
4 provide relative to the rate of good time for certain offenders; to provide relative to
5 offenses that effect the rate by which the diminution of sentences are calculated; to
6 provide relative to the diminution of sentences relative to the offense of possession
7 of a firearm or carrying of a concealed weapon after having been previously
8 convicted of a crime of violence; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 15:571.3(B)(2)(a) and (b) are hereby amended and reenacted and
11R.S. 15:571.3(B)(1)(b)(iv) is hereby enacted to read as follows:
12 ยง571.3. Diminution of sentence for good behavior
13 * * *
14 B.(1)
15 * * *
16 (b) The provisions of Subparagraph (a) of this Paragraph shall be applicable
17 to offenders convicted of offenses on or after January 1, 1992, and who are not
18 serving a sentence for the following offenses:
19 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 493
1 (iv) Possession of a firearm or carrying of a concealed weapon in violation
2 of R.S. 14:95.1 after having been convicted previously of a crime of violence as
3 defined in R.S. 14:2(B).
4 (2)(a) An offender convicted of a crime of violence as defined in R.S.
5 14:2(B), without a prior conviction of a crime of violence as defined in R.S. 14:2(B),
6 or a sex offense as defined in R.S. 15:541, or possessing a firearm or carrying a
7 concealed weapon in violation of R.S. 14:95.1 after having been convicted
8 previously of a crime of violence as defined in R.S. 14:2(B), shall earn diminution
9 of sentence at a rate of one day for every three days in actual custody held on the
10 imposed sentence, including time spent in custody with good behavior prior to
11 sentencing for the particular sentence imposed as authorized by Code of Criminal
12 Procedure Article 880.
13 (b) The provisions of this Paragraph shall not apply to an offender if his
14 instant conviction is for a crime that is listed both as a crime of violence pursuant to
15 R.S. 14:2(B) and sex offense pursuant to R.S. 15:541, or possession of a firearm or
16 carrying of a concealed weapon in violation of R.S. 14:95.1 after having been
17 convicted previously of a crime of violence as defined in R.S. 14:2(B).
18 * * *
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 493 Engrossed 2021 Regular Session Pressly
Abstract: Adds possession of a firearm or carrying of a concealed weapon after having
been convicted previously of a crime of violence to the offenses that effect the
calculation of diminution of sentences.
Present law provides that unless otherwise prohibited, every offender in the custody of the
Dept. of Public Safety and Corrections who has been convicted of a felony may earn, in lieu
of incentive wages, a diminution of sentence by good behavior and performance of work,
or self improvement activities, or both.
Present law also provides that unless otherwise prohibited, the diminution of sentences under
present law shall be calculated at a rate of 13 days for every 7 days in actual custody served
on the imposed sentence.
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HB NO. 493
Present law further provides that present law shall be applicable to those offenders convicted
of offenses on or after Jan. 1, 1992, and who are not serving a sentence for the following:
(1)A sex offense as defined in R.S. 15:541.
(2)A crime of violence as defined in R.S. 14:2(B).
(3)Any offense which would constitute a crime of violence as defined in R.S. 14:2(B)
or a sex offense as defined in R.S. 15:541, regardless of the date of conviction.
Proposed law retains present law and adds that an offender serving a sentence for possession
of a firearm or carrying of a concealed weapon in violation of R.S. 14:95.1 after having been
convicted previously of a crime of violence as defined in R.S. 14:2(B) is not eligible for
diminution of sentence at the rate of 13 days for every 7 days in actual custody served on the
imposed sentence.
Present law provides that when convicted of a crime of violence without prior conviction of
a crime of violence as defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541, the
rate at which the diminution of the sentence shall be calculated is one day for every three
days in actual custody held on the imposed sentence.
Proposed law retains present law and adds that when convicted of a crime of violence
without a prior conviction of possession of a firearm or carrying of a concealed weapon in
violation of R.S. 14:95.1 after having been convicted previously of a crime of violence as
defined in R.S. 14:2(B), the rate at which the diminution of the sentence shall be calculated
is one day for every three days in actual custody held on the imposed sentence.
Present law also provides that the calculation of diminution of sentence at the rate of one day
for every three days is not applicable when the instant offense is listed as both a crime of
violence and a sex offense.
Proposed law adds that when the instant offense is listed as possession of a firearm or
carrying of a concealed weapon in violation of R.S. 14:95.1 after having been convicted
previously of a crime of violence as defined in R.S. 14:2(B) the offender is not eligible for
the one day for every three day rate of diminution of sentence.
(Amends R.S. 15:571.3(B)(2)(a) and (b); Adds R.S. 15:571.3(B)(1)(b)(iv))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.