Louisiana 2023 Regular Session

Louisiana Senate Bill SB112

Introduced
3/30/23  
Refer
3/30/23  
Refer
3/30/23  
Refer
4/10/23  
Refer
4/10/23  

Caption

Provides relative to second degree murder. (gov sig) (EG INCREASE GF EX See Note)

Impact

The passage of SB112 would significantly change the legal landscape surrounding serious violent crimes in Louisiana. It defines felony murder more clearly and imposes stricter punishments for drug-related murders. This is expected to enhance the deterrent effect against drug distribution leading to fatalities, especially with substances such as fentanyl which have been a major public health issue. By increasing the penalties, the law aims to dissuade potential offenders from engaging in such dangerous activities, thereby aiming to reduce crime rates associated with drug trafficking and violent acts.

Summary

Senate Bill 112 (SB112) amends criminal law in Louisiana, specifically targeting the statutes related to second degree murder and the introduction of the new crime of felony murder. The bill outlines specific circumstances under which a killing can be classified as second degree murder, such as the unlawful distribution of controlled substances leading to death. It sets forth severe penalties for these offenses, including life imprisonment without parole for murder involving fentanyl and controlled substances. Furthermore, the proposed law mandates the collection of data regarding inmates convicted of second degree murder, establishing a public registry for transparency and tracking purposes.

Sentiment

The sentiment surrounding SB112 has been largely supportive among law enforcement and public safety advocates who argue that stricter penalties for murder, especially those linked to drug distribution, are necessary for public safety. They believe that holding individuals accountable under these new classifications serves a dual purpose of punishment and deterrence. However, there are concerns raised by civil liberties advocates and some community leaders who argue that increasing penalties may not effectively address the root causes of crime and could disproportionately affect lower-income populations. The debate reflects a broader struggle to balance public safety with equitable justice.

Contention

Notable points of contention related to SB112 involve discussions on the effectiveness of harsher penalties as a crime deterrent and concerns over the potential for systemic biases in the application of the law. Critics argue that focusing solely on punitive measures does not address underlying societal issues that contribute to crime. Additionally, the new felony murder definition has sparked discussions on how it may lead to contentious legal interpretations in court cases, which could ultimately affect convictions. Advocates for reform are calling for a holistic approach to crime reduction that encompasses prevention, treatment, and community support alongside legal reforms.

Companion Bills

No companion bills found.

Previously Filed As

LA SB117

Provides relative to the crime of assault by drive-by shooting. (8/1/23)

LA SB87

Provides relative to battery of a correctional facility employee. (gov sig)

LA SB92

Provides responsive verdicts for the crime of aggravated incest. (gov sig)

LA SB140

Provides relative to the crime of obstruction of justice penalties. (8/1/21)

LA SB70

Provides relative to the crime of domestic abuse battery by burning. (gov sig)

LA SB6

Provides relative to the crime of unauthorized entry of a place of business. (gov sig)

LA SB30

Provides relative to the crime of illegal possession of stolen property. (gov sig)

LA SB108

Provides relative to an offender convicted of first degree murder with life sentence. (gov sig)

Similar Bills

LA HB75

Provides relative to penalties for distribution or possession with intent to distribute fentanyl or carfentanil (EG INCREASE GF EX See Note)

MI HB4255

Crimes: controlled substances; crime of manufacturing, delivering, or possession of with intent to deliver certain controlled substances; modify penalties. Amends secs. 7401, 7410 & 7417 of 1978 PA 368 (MCL 333.7401 et seq.) & adds secs. 7410b & 7417a.

LA HB844

Provides relative to penalties for distribution or possession with intent to distribute heroin and fentanyl and carfentanil (EG DECREASE GF EX See Note)

LA HB185

Provides relative to criminal penalties for violations involving fentanyl and carfentanil

LA HB875

Provides relative to penalties for the distribution of fentanyl or carfentanil which causes serious bodily injury

LA HB90

Provides relative to penalties for distribution or possession with intent to distribute fentanyl or carfentanil (EN INCREASE GF EX See Note)

LA SB315

Provides relative to fentanyl and carfentanil. (8/1/22) (EN INCREASE GF EX See Note)

LA HB165

Provides relative to the Uniform Controlled Dangerous Substances Law (EN NO IMPACT GF EX See Note)