Louisiana 2022 Regular Session

Louisiana House Bill HB223 Latest Draft

Bill / Chaptered Version

                            ENROLLED
ACT No. 450
2022 Regular Session
HOUSE BILL NO. 223
BY REPRESENTATIVES MARCELLE AND MARINO
1	AN ACT
2 To amend and reenact R.S. 13:5401(B)(1)(f), (g), (h), and (i) and to repeal R.S.
3 13:5401(B)(1)(d), relative to reentry courts; to provide for participation in workforce
4 development sentencing programs; to provide for eligibility; to provide relative to
5 certain exceptions; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1.  R.S. 13:5401(B)(1)(f), (g), (h), and (i) are hereby amended and reenacted
8 to read as follows: 
9 §5401.  District courts; reentry courts; subject matter
10	*          *          *
11	B.  Participation in the workforce development sentencing program as
12 authorized by the provisions of this Section shall be subject to the following
13 provisions:
14	(1)  The court may recommend that a defendant participate in the workforce
15 development sentencing program if all of the following criteria are satisfied:
16	*          *          *
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 223	ENROLLED
1	(f)  The crime before the court shall not be a crime of violence as defined in
2 R.S. 14:2(B), including domestic violence.; however, the provisions of this
3 Subparagraph shall not apply to any of the following crimes of violence:
4	(i)  Aggravated battery (R.S. 14:34).
5	(ii)  Second degree battery (R.S. 14:34.1).
6	(iii)  Battery of a police officer (R.S. 14:34.2).
7	(iv)  Disarming of a peace officer (R.S. 14:34.6).
8	(v)  Aggravated assault (R.S. 14:37).
9	(vi)  Aggravated assault with a firearm (R.S. 14:37.4).
10	(vii)  Simple kidnapping (R.S. 14:45).
11	(viii)  False imprisonment; offender armed with dangerous weapon (R.S.
12 14:46.1).
13	(ix)  Aggravated arson (R.S. 14:51).
14	(x)  Aggravated criminal damage to property (R.S. 14:55).
15	(xi)  Home invasion (R.S. 14:62.8).
16	(xii)  Second degree robbery (R.S. 14:64.4).
17	(xiii)  Simple robbery (R.S. 14:65).
18	(xiv)  Purse snatching (R.S. 14:65.1).
19	(xv)  Aggravated flight from an officer (R.S. 14:108.1).
20	(g)  The defendant cannot be sentenced as a multiple offender in the present
21 charge pursuant to R.S. 15:529.1.
22	(h)  Other criminal proceedings alleging commission of a crime of violence
23 as defined in R.S. 14:2(B), except those listed in, shall not be pending against the
24 defendant.
25	(i) (h)  The crime before the court shall not be a charge of any crime that
26 resulted in the death of a person.
27
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 223	ENROLLED
1	(i)  The district attorney or appropriate prosecuting authority of the charge
2 for which a defendant may be considered for re-entry court consents to participation
3 by the defendant in all cases wherein the defendant is convicted of an eligible violent
4 crime pursuant to R.S. 14:2.
5	*          *          *
Section 2.  R.S. 13:5401(B)(1)(d) is hereby repealed in its entirety.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.