SLS 23RS-303 ORIGINAL
2023 Regular Session
SENATE BILL NO. 112
BY SENATOR ABRAHAM
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME/PUNISHMENT. Provides relative to second degree murder. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 14:30.1 and to enact R.S. 15:827.2(E), relative to second degree
3 murder; to provide relative to elements of the offense; to provide for penalties; to
4 provide for tracking of persons imprisoned for second degree murder; and to provide
5 for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:30.1 is hereby amended and reenacted to read as follows:
8 §30.1. Second degree murder
9 A. Second degree murder is the killing of a human being:
10 (1)(a) When the offender has a specific intent to kill or to inflict great bodily
11 harm; or.
12 (b) Whoever commits the crime of second degree murder defined in
13 Subparagraph (a) of this Paragraph shall be punished by life imprisonment at
14 hard labor without benefit of parole, probation, or suspension of sentence.
15 (2)(a) When the offender is engaged in the perpetration or attempted
16 perpetration of aggravated or first degree rape, or forcible or second degree rape,
17 aggravated arson, aggravated burglary, aggravated kidnapping, second degree
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1 kidnapping, aggravated escape, assault by drive-by shooting, armed robbery, first
2 degree robbery, second degree robbery, simple robbery, cruelty to juveniles, second
3 degree cruelty to juveniles, or terrorism, even though he has no intent to kill or to
4 inflict great bodily harm.
5 (b) Whoever commits the crime of second degree murder defined in
6 Subparagraph (a) of this Paragraph shall be punished by life imprisonment at
7 hard labor without benefit of parole, probation, or suspension of sentence.
8 (3)(a)When the offender is engaged in the perpetration or attempted
9 perpetration of aggravated arson, aggravated burglary, aggravated kidnapping,
10 second degree kidnapping, aggravated escape, assault by drive-by shooting,
11 armed robbery, first degree robbery, second degree robbery, simple robbery,
12 cruelty to juveniles, second degree cruelty to juveniles, or terrorism, even
13 though he has no intent to kill or to inflict great bodily harm.
14 (b) Whoever commits the crime of second degree murder defined in
15 Subparagraph (a) of this Paragraph shall be punished by life imprisonment at
16 hard labor at least twenty-five years of which shall be served without benefit of
17 parole, probation, or suspension of sentence.
18 (3)(4)(a) When the offender unlawfully distributes or dispenses a controlled
19 dangerous substance listed in Schedules I through V of the Uniform Controlled
20 Dangerous Substances Law, or any combination thereof, except fentanyl or a
21 mixture or substance containing a detectable amount of fentanyl or its
22 analogues, or carfentanil or a mixture or substance containing a detectable
23 amount of carfentanil or its analogues, which is the direct cause of the death of the
24 recipient who ingested or consumed the controlled dangerous substance.
25 (b) Whoever commits the crime of second degree murder defined in
26 Subparagraph (a) of this Paragraph shall be punished by life imprisonment at
27 hard labor, at least twenty-five years of which shall be served without benefit
28 of parole, probation, or suspension of sentence.
29 (5)(a) When the offender unlawfully distributes or dispenses fentanyl or
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1 a mixture or substance containing a detectable amount of fentanyl or its
2 analogues, or carfentanil or a mixture or substance containing a detectable
3 amount of carfentanil or its analogues, which is the direct cause of the death of
4 the recipient who ingested or consumed the controlled dangerous substance.
5 (b) Whoever commits the crime of second degree murder defined in
6 Subparagraph (a) of this Paragraph shall be punished by life imprisonment at
7 hard labor without benefit of parole, probation, or suspension of sentence.
8 (4)(6)(a) When the offender unlawfully distributes or dispenses a controlled
9 dangerous substance listed in Schedules I through V of the Uniform Controlled
10 Dangerous Substances Law, or any combination thereof, except fentanyl or a
11 mixture or substance containing a detectable amount of fentanyl or its
12 analogues, or carfentanil or a mixture or substance containing a detectable
13 amount of carfentanil or its analogues, to another who subsequently distributes or
14 dispenses such controlled dangerous substance which is the direct cause of the death
15 of the person who ingested or consumed the controlled dangerous substance.
16 (b) Whoever commits the crime of second degree murder defined in
17 Subparagraph (a) of this Paragraph shall be punished by life imprisonment at
18 hard labor, at least twenty-five years of which shall be served without benefit
19 of parole, probation, or suspension of sentence.
20 (7)(a) When the offender unlawfully distributes or dispenses fentanyl or
21 a mixture or substance containing a detectable amount of fentanyl or its
22 analogues, or carfentanil or a mixture or substance containing a detectable
23 amount of carfentanil or its analogues, to another who subsequently distributes
24 or dispenses such controlled dangerous substance which is the direct cause of
25 the death of the person who ingested or consumed the controlled dangerous
26 substance.
27 (b) Whoever commits the crime of second degree murder defined in
28 Subparagraph (a) of this Paragraph shall be punished by life imprisonment at
29 hard labor without benefit of parole, probation, or suspension of sentence.
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SLS 23RS-303 ORIGINAL
1 B. Whoever commits the crime of second degree murder shall be punished
2 by life imprisonment at hard labor without benefit of parole, probation, or suspension
3 of sentence.
4 Section 2. R.S. 15:827.2(E) is hereby enacted to read as follows:
5 §827.2. Data collection and reporting requirements
6 * * *
7 E. By September 1, 2023, and annually on September 1 thereafter, the
8 department shall compile and make publically available a list of all individuals
9 confined for a violation of R.S. 14:30.1. The list shall include the individual's
10 date of confinement, the individual's Department of Public Safety and
11 Correction's identification number, and the parish where the individual was
12 convicted.
13 Section 3. The provisions of this Act shall be given prospective application only.
14 Section 4. This Act shall become effective upon signature by the governor or, if not
15 signed by the governor, upon expiration of the time for bills to become law without signature
16 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
17 vetoed by the governor and subsequently approved by the legislature, this Act shall become
18 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Whitney Kauffeld.
DIGEST
SB 112 Original 2023 Regular Session Abraham
Present law provides that second degree murder is the killing of a human being:
(1)When the offender has a specific intent to kill or to inflict great bodily harm.
(2)When the offender is engaged in the perpetration or attempted perpetration of
aggravated or first degree rape, forcible or second degree rape, aggravated arson,
aggravated burglary, aggravated kidnapping, second degree kidnapping, aggravated
escape, assault by drive-by shooting, armed robbery, first degree robbery, second
degree robbery, simple robbery, cruelty to juveniles, second degree cruelty to
juveniles, or terrorism, even though he has no intent to kill or to inflict great bodily
harm.
(3)When the offender unlawfully distributes or dispenses a controlled dangerous
substance listed in Schedules I through V of the Uniform Controlled Dangerous
Substances Law, or any combination thereof, which is the direct cause of the death
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of the recipient who ingested or consumed the controlled dangerous substance.
(4)When the offender unlawfully distributes or dispenses a controlled dangerous
substance listed in Schedules I through V of the Uniform Controlled Dangerous
Substances Law, or any combination thereof, to another who subsequently distributes
or dispenses such controlled dangerous substance which is the direct cause of the
death of the person who ingested or consumed the controlled dangerous substance.
Present law provides that second degree murder will be punished by life imprisonment at
hard labor without benefit of parole, probation, or suspension of sentence.
Proposed law provides that second degree murder committed when the offender is engaged
in the perpetration or attempted perpetration of any offense listed in present law relative to
second degree murder other than first degree rape or second degree rape will be punished
by life imprisonment at hard labor, with a minimum of 25 years served without benefit of
parole, probation, or suspension of sentence, allowing for the balance to be served with
benefit of parole, probation, or suspension of sentence.
Proposed law provides that second degree murder committed when the offender unlawfully
distributes or dispenses a controlled dangerous substance, except fentanyl or carfentanil,
which is the direct cause of the death of the recipient, will be punished by life imprisonment
at hard labor, with a minimum of 25 years served without benefit of parole, probation, or
suspension of sentence, allowing for the balance to be served with benefit of parole,
probation, or suspension of sentence.
Proposed law provides that second degree murder committed when the offender unlawfully
distributes or dispenses a controlled dangerous substance, except fentanyl or carfentanil, to
another who subsequently distributes or dispenses the controlled dangerous substance which
is the direct cause of the death of the recipient, will be punished by life imprisonment at hard
labor, with a minimum of 25 years served without benefit of parole, probation, or suspension
of sentence, allowing for the balance to be served with benefit of parole, probation, or
suspension of sentence.
Proposed law otherwise retains present law, including the present law penalty of life
imprisonment without benefit of parole, probation, or suspension of sentence for second
degree murder committed when the offender distributes or dispenses fentanyl or carfentanil
which is the direct cause of the death of the recipient, or when the offender unlawfully
distributes or dispenses fentanyl or carfentanil, to another who subsequently distributes or
dispenses the controlled dangerous substance which is the direct cause of the death of
recipient.
Proposed law requires the Dept. of Public Safety and Corrections to compile and make
available a list of inmates in the custody of the department for a conviction of second degree
murder. Proposed law further provides that the list must include the date of imprisonment,
the Dept. of Corrections identification number, and the parish where the offender was
convicted.
Proposed law relative to second degree murder is given prospective application only.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:30.1; adds R.S. 15:827.2(E))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.