Increases penalty provisions for certain crimes when a firearm is possessed, discharged, or used
Impact
The enactment of HB 317 would substantially alter current sentencing laws related to firearm offenses in Louisiana. It aims to create a more stringent legal framework intended to deter individuals from committing crimes with firearms. Proponents argue that these tougher penalties are essential for addressing gun violence and ensuring public safety by holding offenders accountable. However, critics may raise concerns regarding the effectiveness of such measures in actually reducing crime rates and the potential for disproportionately severe sentences which may lead to an increased prison population.
Summary
House Bill 317 aims to increase the penalties for various crimes involving firearms. The bill proposes enhanced sentencing measures for offenders who possess, use, or discharge a firearm during the commission of certain felonies or misdemeanors. Under the proposed law, the additional penalties for these offenses would be significantly increased, alongside stricter guidelines for the imposition of these penalties by the courts. For instance, the bill raises punishment for possessing a firearm from two to five years, using a firearm from five to ten years, discharging a firearm from ten to fifteen years, causing bodily injury from fifteen to twenty years, and for violent felonies from ten to fifteen years minimum imprisonment if a firearm is involved during such crimes.
Sentiment
The overall sentiment surrounding HB 317 captures a trend toward tough-on-crime policies, particularly regarding gun control. Supporters of the bill highlight the necessity of tough penalties to combat firearm-related crimes and promote safety within communities. However, there exists a counter-narrative that questions the approach of increasing penalties without addressing the underlying causes of gun violence, suggesting that such policies may perpetuate a cycle of incarceration without providing effective solutions for crime prevention. This makes the discussion around HB 317 nuanced and polarizing among lawmakers and the public.
Contention
Key points of contention related to HB 317 include concerns over the time constraints on judicial proceedings regarding the new penalties and the potential implications for sentencing disparities. Opponents may argue that simply increasing penalties doesn't correlate with an outright reduction in firearm crimes and could lead to unfairly harsh punishments for non-violent offenders. Furthermore, the necessity of proving firearm possession or use beyond a reasonable doubt during court proceedings raises questions about the efficacy and fairness of implementing such increased penalties.
Limits the judge's discretion with regard to mandatory sentences for certain offenses involving the possession, use, or discharge of a firearm when the felony results in a fatality. (8/1/16)
Increasing the penalty for certain violations of criminal discharge of a firearm when a person was present in the dwelling, building, structure or motor vehicle at which the offender discharged a firearm.
Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.
An Act Requiring Discharge Standards Regarding Follow-up Appointments And Prescription Medications For Patients Being Discharged From A Hospital Or Nursing Home Facility.