HLS 25RS-372 ORIGINAL
2025 Regular Session
HOUSE BILL NO. 146
BY REPRESENTATIVE WILEY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/HABIT OFFENDERS: Provides relative to the Habitual Offender Law
1 AN ACT
2To amend and reenact R.S. 15:529.1(C)(1) and (2), relative to the habitual offender law; to
3 provide relative to the time period between the current and prior offense for the
4 habitual offender law to apply; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 15:529.1(C)(1) and (2) are hereby amended and reenacted to read as
7follows:
8 ยง529.1. Sentences for second and subsequent offenses; certificate of warden or clerk
9 of court in the state of Louisiana as evidence
10 * * *
11 C.(1) Except as provided in Paragraphs (2) and (3) of this Subsection, the
12 current offense shall not be counted as, respectively, a second, third, fourth, or higher
13 offense if more than five years have elapsed between the date of the commission of
14 the current offense or offenses and the expiration of the correctional supervision, or
15 term of imprisonment if the offender is not placed on supervision following
16 imprisonment, date of the completion of sentence, probation, parole, or suspension
17 of sentence for the previous conviction or convictions, or between the expiration of
18 the correctional supervision, or term of imprisonment if the offender is not placed
19 on supervision following imprisonment, date of the completion of sentence,
20 probation, parole, or suspension of sentence for each preceding conviction or
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HB NO. 146
1 convictions alleged in the multiple offender bill and the date of the commission of
2 the following offense or offenses. In computing the intervals of time as provided in
3 this Paragraph, any period of parole, probation, or incarceration by a person in a
4 penal institution, within or without the state, shall not be included in the computation
5 of any of the five-year periods between the expiration of the correctional supervision,
6 or term of imprisonment if the offender is not placed on supervision following
7 imprisonment, and the next succeeding offense or offenses. The following shall not
8 be included in the computation of any of the five-year periods provided in this
9 Paragraph:
10 (a) Any period of time during which the offender was incarcerated in a penal
11 institution in this state or any other state.
12 (b) Any period of time during which the offender was under probation or
13 parole supervision in this state or any other state.
14 (2) Except as provided in Paragraph (3) of this Subsection, the current
15 offense shall not be counted as, respectively, a second, third, fourth, or higher
16 offense if more than ten years have elapsed between the date of the commission of
17 the current offense or offenses and the expiration of correctional supervision, or term
18 of imprisonment if the offender is not placed on supervision following
19 imprisonment, date of the completion of sentence, probation, parole, or suspension
20 of sentence for the previous conviction or convictions if the current offense or
21 offenses or the previous conviction or convictions are for a crime of violence as
22 defined in R.S. 14:2(B) or a sex offense as defined in R.S. 15:541, or between the
23 expiration of correctional supervision, or term of imprisonment if the offender is not
24 placed on supervision following imprisonment, date of the completion of sentence,
25 probation, parole, or suspension of sentence for each preceding conviction or
26 convictions alleged in the multiple offender bill for and the date of the commission
27 of the following offense or offenses if the preceding conviction or convictions or the
28 following offense or offenses are a crime of violence as defined in R.S. 14:2(B) or
29 a sex offense as defined in R.S. 15:541 and the date of the commission of the
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HB NO. 146
1 following offense or offenses. In computing the intervals of time as provided in this
2 Paragraph, any period of parole, probation, or incarceration by a person in a penal
3 institution, within or without the state, shall not be included in the computation of
4 any of the ten-year periods between the expiration of correctional supervision, or
5 term of imprisonment if the offender is not placed on supervision following
6 imprisonment, for a crime of violence as defined in R.S. 14:2(B) or a sex offense as
7 defined in R.S. 15:541 and the next succeeding offense or offenses. The following
8 shall not be included in the computation of any of the ten-year periods provided in
9 this Paragraph:
10 (a) Any period of time during which the offender was incarcerated in a penal
11 institution in this state or any other state.
12 (b) Any period of time during which the offender was under probation or
13 parole supervision in this state or any other state.
14 * * *
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.
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HB NO. 146
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,
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 146
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))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.