Louisiana 2023 2023 Regular Session

Louisiana House Bill HB84 Introduced / Bill

                    HLS 23RS-92	ORIGINAL
2023 Regular Session
HOUSE BILL NO. 84
BY REPRESENTATIVE SCHLEGEL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CHILDRENS CODE:  Provides relative to disposition of juveniles after adjudication of
certain felony-grade delinquent acts
1	AN ACT
2To amend and reenact Children's Code Article 897.1(C) and (D), relative to juvenile justice;
3 to provide for disposition of juvenile offenders adjudicated delinquent for carjacking;
4 to provide relative to modification of disposition; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1.  Children's Code Article 897.1(C) and (D) are hereby amended and
7reenacted to read as follows: 
8 Art. 897.1.  Disposition after adjudication of certain felony-grade delinquent acts
9	*          *          *
10	C.  After adjudication of a felony-grade delinquent act based upon a violation
11 of  R.S. 14:64, armed robbery, or R.S. 14:64.2, carjacking, the court shall commit the
12 child who is fourteen years of age or older at the time of the commission of the
13 offense to the custody of the Department of Public Safety and Corrections to be
14 confined in secure placement without benefit of probation or suspension of
15 imposition or execution of sentence.
16	D.  Juveniles in secure care for an adjudication for a violation of R.S. 14:42
17 or 44 shall be eligible for modification after serving thirty-six months of the
18 disposition.  Juveniles in secure care for an adjudication for a violation of R.S. 14:64
19 or 64.2 shall be eligible for modification after serving thirty-six months of the
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-92	ORIGINAL
HB NO. 84
1 disposition or, if the disposition is less than thirty-six months, two-thirds of the
2 disposition.
3	*          *          *
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 84 Original 2023 Regular Session	Schlegel
Abstract:  Provides relative to disposition of juvenile offenders adjudicated delinquent for
carjacking.
Present law (Ch.C. Art. 897.1) provides for the disposition of juvenile offenders after they
are adjudicated delinquent for certain felony-grade acts.
Proposed law retains present law.
Present law (Ch.C. Art. 897.1(C)) provides that the court shall commit a juvenile who is 14
years of age or older at the time of the commission of the offense to the custody of the
DPS&C to be confined in secure placement without benefit of probation or suspension of
imposition or execution of sentence after the juvenile is adjudicated delinquent for the
present law (R.S. 14.64) offense of armed robbery.
Proposed law amends present law to include the commitment of a juvenile to the DPS&C
after an adjudication for the present law offense of carjacking (R.S. 14:64.2).
Present law (Ch.C. Art. 897.1(D)) provides that juveniles in secure care for an adjudication
based on a violation of present law (R.S. 14:42 or 44) shall be eligible for modification after
serving 36 months of the disposition.
Proposed law retains present law.
Present law (Ch.C. Art. 897.1(D)) further provides that juveniles in secure care for an
adjudication based on a violation of present law (R.S. 14:64) shall be eligible for
modification after serving 36 months of the disposition or, if the disposition is less than 36
months, 2/3 of the disposition.
Proposed law amends present law to apply this modification eligibility to offenders in secure
care for an adjudication based on the present law (R.S. 64.2) offense of carjacking.
(Amends Ch.C. Art. 897.1(C) and (D))
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.