RÉSUMÉ DIGEST
HB 188 2023 Regular Session Frieman
Proposed law would have allowed a district attorney to allege that a person was a dangerous
offender when an information was filed that accused that person of a previous conviction
pursuant to present law.
Proposed law would have required a court to hold a hearing to determine whether a person
was a dangerous offender. Would have further provided that if a court concluded that a
person was a dangerous offender, the court was authorized to order that the sentence imposed
be served without benefit of probation, suspension of sentence, or parole until 85% of the
sentence was served.
Proposed law would have authorized a person to be alleged as a dangerous offender if he had
been previously convicted of committing, attempting to commit, or conspiring to commit any
of the following offenses:
(1)A crime of violence as defined in present law.
(2)A sex offense as defined in present law.
(3)The production, manufacture, or distribution of any controlled dangerous substance
listed in Schedules I or II of the Uniform Controlled Dangerous Substance Law other
than marijuana.
(4)A violation of the La. Racketeering Act.
(5)A violation of the La. Street Terrorism Enforcement and Prevention Act.
Proposed law would have required a court to consider all of the following circumstances in
determining whether a person was a dangerous offender:
(1)The factors enumerated in Code of Criminal Procedure Article 894.1(B).
(2)The nature and extent of any prior delinquent or criminal history.
(3)The success or failure of any previous attempts to rehabilitate the defendant.
(4)The defendant's conduct while previously incarcerated or on probation or parole.
(5)Any other facts a court deemed relevant.
Proposed law would have provided that if a court ordered that the sentence imposed was to
be served without the benefit of parole, probation, or suspension of sentence, a court would
have been required to state for the record the considerations taken into account and the
factual basis for its determination.
Proposed law would not have applied to any sentence which was already designated to be
served without parole, probation, or suspension of sentence.
(Proposed to add R.S. 15:529.3)
VETO MESSAGE:
"House Bill 188 allows the district attorney to compel the court to determine whether a
defendant is a "dangerous offender" when filing a bill of information. Such piece of
legislation is unnecessary as provisions governing the calculation of sentences and parole
eligibility based on one's prior history of felony convictions exists in current law.
Therefore, House Bill 188 is not needed and it should not become law."