Louisiana HB 215: CRIMINAL/SENTENCING: Eliminates the death penalty for offenses committed on or after August 1, 2019 (EG SEE FISC NOTE GF EX See Note)

Bill Text

HLS 19RS-697 ENGROSSED
2019 Regular Session
HOUSE BILL NO. 215
BY REPRESENTATIVE TERRY LANDRY AND SENATOR CLAITOR
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/SENTENCING: Eliminates the death penalty for offenses committed on or
after August 1, 2019
1 AN ACT
2 To amend and reenact R.S. 14:30(C), 42(D), and 113(C), relative to offenses punishable by
3 death; to eliminate the death penalty as punishment for the crimes of first degree
4 murder, first degree rape, and treason; to provide for the penalty of life imprisonment
5 without benefit of parole, probation, or suspension of sentence for the crime of
6 treason; to provide for prospective application; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 14:30(C), 42(D), and 113(C) are hereby amended and reenacted to
9 read as follows:
10 §30. First degree murder
11 * * *
12 C.(1) If Except as provided in Paragraph (2) of this Subsection, if the district
13 attorney seeks a capital verdict, the offender shall be punished by death or life
14 imprisonment at hard labor without benefit of parole, probation, or suspension of
15 sentence, in accordance with the determination of the jury. The provisions of Code
16 of Criminal Procedure Article 782 relative to cases in which punishment may be
17 capital shall apply.
18 (2) If the district attorney does not seek a capital verdict or if the offense was
19 committed on or after August 1, 2019, the offender shall be punished by life
20 imprisonment at hard labor without benefit of parole, probation, or suspension of
Page 1 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.

HLS 19RS-697 ENGROSSED
HB NO. 215
1 sentence. The provisions of Code of Criminal Procedure Article 782 relative to cases
2 in which punishment is necessarily confinement at hard labor shall apply.
3 * * *
4 §42. First degree rape
5 * * *
6 D.(1) Whoever commits the crime of first degree rape shall be punished by
7 life imprisonment at hard labor without benefit of parole, probation, or suspension
8 of sentence.
9 (2) However, if the victim was under the age of thirteen years, as provided
10 by Paragraph (A)(4) of this Section:
11 (a) And if the district attorney seeks a capital verdict, the offender shall be
12 punished by death or life imprisonment at hard labor without benefit of parole,
13 probation, or suspension of sentence, in accordance with the determination of the
14 jury. The provisions of Code of Criminal Procedure Art. 782 relative to cases in
15 which punishment may be capital shall apply.
16 (b) And if the district attorney does not seek a capital verdict, the offender
17 shall be punished by life imprisonment at hard labor without benefit of parole,
18 probation, or suspension of sentence. The provisions of Code of Criminal Procedure
19 Art. 782 relative to cases in which punishment is necessarily confinement at hard
20 labor shall apply.
21 * * *
22 §113. Treason
23 * * *
24 C.(1) Whoever Except as provided in Paragraph (2) of this Subsection,
25 whoever commits the crime of treason shall be punished by death.
26 (2) If the offense was committed on or after August 1, 2019, the offender
27 shall be sentenced to life imprisonment at hard labor without benefit of parole,
28 probation, or suspension of sentence.
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.

HLS 19RS-697 ENGROSSED
HB NO. 215
1 Section 2. The provisions of this Act shall apply only to offenses committed on or
2 after August 1, 2019.
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 215 Engrossed 2019 Regular Session Terry Landry
Abstract: Eliminates the death penalty as a possible punishment for the offenses of first
degree murder, first degree rape, and treason committed on or after Aug. 1, 2019.
Present law (R.S. 14:30) provides that any person convicted of the crime of first degree
murder shall be punished by death or life imprisonment at hard labor without benefit of
parole, probation, or suspension of sentence.
Present law (R.S. 14:42) provides that any person convicted of the crime of first degree rape
shall be punished by life imprisonment at hard labor without benefit of parole, probation, or
suspension of sentence. However, if the victim of the first degree rape was under the age
of 13 years, the district attorney may seek the death penalty. Although this provision which
allowed for the offender to be sentenced to death for first degree rape was declared to be
unconstitutional by the U.S. Supreme Court in the case Kennedy v. Louisiana, 128 S.Ct.
2641 (June 25, 2008), this provision was never repealed from pr