Louisiana SB 269: CRIME/PUNISHMENT:  Provides relative to parole eligibility for certain prisoners sentenced to life who have served at least thirty years. (11/1/18)

Bill Text

SLS 18RS-323 ENGROSSED
2018 Regular Session
SENATE BILL NO. 269
BY SENATOR CARTER
CRIME/PUNISHMENT. Provides relative to parole eligibility for certain prisoners
sentenced to life who have served at least thirty years. (11/1/18)
1 AN ACT
2 To amend and reenact R.S. 14:64(B) and R.S. 15:574.4(A)(2), (B)(1), and the introductory
3 paragraph of (B)(2), and to enact R.S. 15:574.4(B)(3), relative to parole eligibility;
4 to provide parole eligibility for persons serving life sentences for certain offenses
5 upon reaching the age of fifty years, serving thirty years in prison, and meeting
6 certain requirements; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 14:64(B) is hereby amended and reenacted to read as follows:
9 §64. Armed robbery
10 * * *
11 B. Whoever commits the crime of armed robbery shall be imprisoned at hard
12 labor for not less than ten years and for not more than ninety-nine years, without
13 benefit of parole, probation, or suspension of sentence.
14 Section 2. R.S. 15:574.4(A)(2), (B)(1), and the introductory paragraph of (B)(2) are
15 hereby amended and reenacted and R.S. 15:574.4(B)(3) is hereby enacted to read as follows:
16 §574.4. Parole; eligibility; juvenile offenders
17 A.(1) * * *
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.

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1 (2) Notwithstanding the provisions of Paragraph (1) of this Subsection or any
2 other law to the contrary, unless eligible for parole at an earlier date, a person
3 committed to the Department of Public Safety and Corrections for a term or terms
4 of imprisonment with or without benefit of parole for thirty years or more shall be
5 eligible for parole consideration upon serving at least twenty years of the term or
6 terms of imprisonment in actual custody and upon reaching the age of forty-five.
7 This provision shall not apply to a person serving a life sentence unless the sentence
8 has been commuted to a fixed term of years. The provisions of this Paragraph shall
9 not apply to any person who has been convicted under the provisions of R.S. 14:64.
10 The provisions of this Paragraph shall not apply to any person who has been
11 convicted of a crime of violence as defined in R.S. 14:2(B) or a sex offense as
12 defined in R.S. 15:541.
13 * * *
14 B.(1)(a) No person shall be eligible for parole consideration who has been
15 convicted of armed robbery and denied parole eligibility under the provisions of R.S.
16 14:64. Except as provided in Paragraph (2) of this Subsection, and except as
17 provided in Paragraph (A)(5) of this Section, Paragraphs (2) and (3) of this
18 Subsection, and Subsections D, E, and H of this Section, no prisoner serving a life
19 sentence shall be eligible for parole consideration until his life sentence has been
20 commuted to a fixed term of years.
21 (b) No prisoner sentenced as a serial sexual offender shall be eligible for
22 parole.
23 (c) No prisoner may be paroled while there is pending against him any
24 indictment or information for any crime suspected of having been committed by him
25 while a prisoner.
26 (d) Notwithstanding any other provisions of law to the contrary, a person
27 convicted of a crime of violence and not otherwise ineligible for parole shall serve
28 at least sixty-five percent of the sentence imposed, before being eligible for parole.
29 The victim or victim's family shall be notified whenever the offender is to be
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.

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1 released provided that the victim or victim's family has completed a Louisiana victim
2 notice and registration form as provided in R.S. 46:1841 et seq., or has otherwise
3 provided contact information and has indicated to the Department of Public Safety
4 and Corrections, Crime Victims Services Bureau, that they desire such notification.
5 (2) Notwithstanding Except as provided in Paragraph (3) of this
6 Subsection, and notwithstanding any provision of law to the contrary, any person
7 serving a life sentence, with or without the benefit of parole, who has not been
8 convicted of a crime of violence as defined by R.S. 14:2(B), a sex offense as defined
9 by R.S. 15:541, or an offense, regardless of the date of conviction, which would
10 constitute a crime of violence as defined by R.S. 14:2(B) or a sex offense as defined
11 by R.S. 15:541, shall be eligible for parole consideration as follows:
12 * * *
13 (3) Notwithstanding Paragraph (2) of this Subsection or any other
14 provision of law to the contrary, any person serving a life sentence, with or
15 without benefit of parole, who has not been convicted of first degree murder,
16 second degree murder, or first degree rape and who has reached the age of fifty
17 years, shall be eligible for parol