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 844 Engrossed 2022 Regular Session Adams
Abstract: Increases the minimum term of imprisonment for distribution or possession with intent
to distribute heroin and fentanyl and carfentanil, and provides relative to the penalty for a
defendant who provides substantial assistance.
Present law (R.S. 40:966(B)(3) and 967(B)(4)) provides that any person who distributes or possesses
with intent to distribute a mixture or substance containing a detectable amount of heroin or its
analogues and fentanyl or its analogues and carfentanil or its analogues, upon conviction for any
amount, shall be imprisoned at hard labor for not less than five years nor more than 40 years and
may, in addition, be required to pay a fine of not more than $50,000.
Proposed law increases the minimum term of imprisonment from five years to 10 years.
Proposed law further provides that in the event the state determines the defendant has provided
substantial assistance to the state or a law enforcement agency in connection with the investigation
or enforcement of the provisions of present law or the provisions of the Controlled Substances Act
of 1970 (21 U.S.C. 801 et seq.), the state or district attorney may, prior to imposition of sentence,
file in the court record of the proceeding a Notice of Providing Substantial Assistance or a motion
stating that the defendant has provided substantial assistance. If the court determines the defendant
has provided substantial assistance, the court may impose a sentence of imprisonment at hard labor
for not less than five years nor more than 20 years, and in addition may require the defendant to pay
a fine of not more than $20,000.
Proposed law further provides that any sentence imposed shall be served without the benefit of
parole, probation, or suspension of sentence.
Present law authorizes the court to suspend any sentence imposed upon a defendant and place the
defendant on probation upon conviction of possession with intent to distribute heroin or possession
of heroin, possession with intent to distribute fentanyl or carfentanil, or possession of fentanyl or
carfentanil.
Proposed law removes the authority of the court to suspend any sentence imposed upon a defendant
and place the defendant on probation upon conviction of possession with intent to distribute heroin
and possession with intent to distribute fentanyl or carfentanil.
Effective upon signature of governor or lapse of time for gubernatorial action. (Amends R.S. 40:966(B)(3) and (G) and 967(B)(4) and (E)(1))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill:
1. Provide that any sentence imposed for distribution or possession with intent to distribute
heroin and fentanyl and carfentanil shall be served without the benefit of parole,
probation, or suspension of sentence.