The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Whitney Kauffeld.
DIGEST
SB 112 Engrossed 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 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 deletes present law that provides that second degree murder is committed 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.
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 creates the crime of felony murder, which is the killing of a human being when the
offender is engaged in the perpetration or attempted perpetration of 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.
Proposed law provides that felony murder committed when the offender is engaged in the
perpetration or attempted perpetration first degree rape or second degree rape will be punished by
life imprisonment at hard labor.
Proposed law provides that felony murder committed when the offender is engaged in the
perpetration or attempted perpetration of 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 and 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 for responsive verdicts for first degree murder, attempted first degree murder,
second degree murder, attempted second degree murder, felony murder and attempted felony murder.
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 and felony murder are given prospective application
only.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:30.1 and C.Cr.P. Art. 814(A)(1) - (4); adds R.S. 14:30.2, R.S. 15:827.2(E), and
C.Cr.P. Art. 814(A)(72) and (73))
Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Judiciary C to the original bill
1. Delete certain provisions of proposed law relative to second degree murder.
2. Create crime of felony murder.
3. Add certain responsive verdicts.
4. Make technical changes