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 146 Original 2025 Regular Session Wiley
Abstract: Provides relative to habitual offenders.
Present law (R.S. 15:529.1) provides for the sentencing of second and subsequent felony offenses,
otherwise known as "the Habitual Offender Law".
Proposed law retains present law generally.
Present law (R.S. 15:529.1(C)) provides that a current felony offense shall not be counted as a
second, third, fourth, or higher offense if more than five years have elapsed between the date of the
commission of the current offense or offenses and any of the following:
(1)The expiration of the correctional supervision, or term of imprisonment if the offender is not
placed on supervision following imprisonment for the previous conviction or convictions.
(2)The expiration of the correctional supervision, or term of imprisonment if the offender is not
placed on supervision following imprisonment, for each preceding conviction or convictions
alleged in the multiple offender bill.
(3)The date of the commission of the following offense or offenses.
Proposed law changes the particular point of time between the current felony offense and the
previous conviction or convictions from the expiration of the correctional supervision, or term of
imprisonment if the offender is not placed on supervision following imprisonment to the completion
of sentence, probation, parole, or suspension of sentence for the previous conviction or convictions.
Proposed law further changes the particular point of time between the current felony offense and the
previous conviction or convictions alleged in multiple bill proceedings from the expiration of
correctional supervision, or term of imprisonment if the offender is not placed on supervision
following imprisonment to the date of the completion of sentence, probation, parole, or suspension
of sentence for each preceding conviction or convictions alleged in the multiple offender bill.
Present law provides that any period of parole, probation, or incarceration by a person in a penal
institution, within or without the state, shall not be included in the computation of any of the
five-year periods between the expiration of the correctional supervision, or term of imprisonment
if the offender is not placed on supervision following imprisonment, and the next succeeding offense
or offenses. Proposed law amends present law to provide that the following shall not be included in the
computation of any of the five-year periods provided in present law:
(1)Any period of time during which the offender was incarcerated in a penal institution in this
state or any other state.
(2)Any period of time during which the offender was under probation or parole supervision in
this state or any other state.
Present law provides that a current felony offense shall not be counted as, respectively, a second,
third, fourth, or higher offense if more than 10 years have elapsed between the date of the
commission of the current offense or offenses and any of the following:
(1)The expiration of correctional supervision, or term of imprisonment if the offender is not
placed on supervision following imprisonment, for a crime of violence as defined in present
law (R.S. 14:2(B)) or a sex offense as defined in present law (R.S. 15:541).
(2)The expiration of correctional supervision, or term of imprisonment if the offender is not
placed on supervision following imprisonment, for each preceding felony conviction or
convictions alleged in the multiple offender bill for a crime of violence as defined in present
law (R.S. 14:2(B)) or a sex offense as defined in present law (R.S. 15:541).
(3)The date of the commission of the following offense or offenses.
Proposed law changes the particular point of time between the current felony offense and the
previous conviction or convictions from the expiration of the correctional supervision, or term of
imprisonment if the offender is not placed on supervision following imprisonment to the completion
of sentence, probation, parole, or suspension of sentence for the previous conviction or convictions
if the current offense or offenses or the previous conviction or convictions are for a crime of violence
as defined in present law (R.S. 14:2(B)) or a sex offense as defined in present law (R.S. 15:541).
Proposed law further changes the particular point of time between the current felony offense and the
previous conviction or convictions alleged in multiple bill proceedings from the expiration of
correctional supervision, or term of imprisonment if the offender is not placed on supervision
following imprisonment to the date of the completion of sentence, probation, parole, or suspension
of sentence for each preceding conviction or convictions alleged in the multiple offender bill.
Proposed law changes the particular point of time between the current felony offense and the
previous conviction or convictions from the date of the commission of the following offense or
offenses to the date of the commission of the following offense or offenses if the preceding
conviction or convictions or the following offense or offenses are for a crime of violence as defined
in present law (R.S. 14:2(B)) or a sex offense as defined in present law (R.S. 15:541).
Present law further provides that any period of parole, probation, or incarceration by a person in a
penal institution, within or without the state, shall not be included in the computation of any of the 10-year periods between the expiration of correctional supervision, or term of imprisonment if the
offender is not placed on supervision following imprisonment, for a crime of violence as defined in
present law (R.S. 14:2(B)) or a sex offense as defined in present law (R.S. 15:541) and the next
succeeding offense or offenses.
Proposed law amends present law to provide that the following shall not be included in the
computation of any of the 10-year periods provided in present law:
(1)Any period of time during which the offender was incarcerated in a penal institution in this
state or any other state.
(2)Any period of time during which the offender was under probation or parole supervision in
this state or any other state.
(Amends R.S. 15:529.1(C)(1) and (2))