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SLS 26RS-330 ENGROSSED Regular Session SENATE BILL NO.
Regular Session ENROLLED SENATE BILL NO.
201 BY SENATOR MORRIS JUVENILE JUSTICE.
201 BY SENATOR MORRIS AN ACT To amend and reenact Code of Criminal Procedure Article 878.1 (A) and (D) and the introductory paragraph of R.S.
Limits juvenile offender parole eligibility in resentencing court.
15:574.4(G)(1), relative to juvenile sentencing;
(8/1/26) AN ACT To amend and reenact Code of Criminal Procedure Art.
878.1(D), relative to juvenile sentencing;
Section 1.
Section1.CodeofCriminalProcedureArticle878.1(A)and(D)areherebyamended and reenacted to read as follows:
Code of Criminal Procedure Art.
878.1(D) is hereby amended and reenacted to read as follows:
Hearing to determine parole eligibility for certain juvenile offenders * * * D.
Hearing to determine parole eligibility for certain juvenile offenders A.(1) If an offender is indicted on or after August 1, 2017, for the crime of first degree murder (R.S.
The sole purpose of the hearing is to determine whether the sentence shall be imposed with or without parole eligibility.
14:30) where the offender was under the age of eighteen years at the time of the commission of the offense, the district attorney may file a notice of intent to seek a sentenceof life imprisonment without possibilityof parole within one hundred eighty days after the indictment.
The court shall state for the record the considerations taken into account and the factual basis for its determination.
If the district attorney timely files the notice of intent, a hearing shall be conducted after conviction and prior to sentencing to determine whether the sentence shall be imposed with or without parole eligibility.
Sentences imposed without parole eligibility and determinations that an offender is not entitled to parole eligibility should normally be reserved for the worst offenders and the worst cases.
If the court determines that the sentence shall be imposed with parole eligibility, the offender shall be eligible for parole pursuant to the provisions ofR.S.15:574.4(E).Ifthedistrictattorneyfailsto timelyfilethenoticeofintent,the sentence shall be imposed with parole eligibility and the offender shall be eligible for parole pursuant to the provisions of R.S.
A reviewing court shall give paramount consideration to the information considered by the trier of fact that rendered the original sentence.
15:574.4(E) without the need of a judicial determination pursuant to the provisions of this Article.
In cases where a juvenile offenderwasoriginallysentencedtodeathafterthecourtconsideredbutrejectedyouth Page 1 of 2 Coding:
If the court determinesthatthesentenceshallbeimposedwithoutparoleeligibility,theoffender shall not be eligible for parole.
(2) If an offender is indicted on or after August 1, 2026, for the crime of second degree murder (R.S.
14:30.1) where the offender was under the age of Page 1 of 3 Coding:
SLS 26RS-330 ENGROSSED SB NO.
SB NO.
201 as a mitigating factor, a reviewing court shall not substitute its judgment for the judgment of the trier of fact unless the trier of fact clearly abused its discretion and could not have reasonably reached that result.
201 ENROLLED eighteenyearsatthetimeof thecommission of theoffense,thedistrictattorney may file a notice of intent to seek a sentence of life imprisonment without possibility ofparolewithinonehundred eightydaysaftertheindictment.If the district attorney timely files the notice of intent, a hearing shall be conducted afterconvictionandpriortosentencingtodeterminewhetherthesentenceshall be imposed with or without parole eligibility.
The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Senate Legislative Services.
If the court determines that the sentence shall be imposed with parole eligibility, the offender shall be eligible for parole pursuant to R.S.
The keyword, summary, and digest do not constitute part of the law or proof or indicia of legislative intent.
15:574.4(G).
[R.S.
If the district attorney fails to timely filethenoticeofintent,thesentenceshallbeimposedwithparoleeligibilityand theoffendershallbeeligibleforparolepursuanttoR.S.15:574.4(G)withoutthe needofajudicialdeterminationpursuanttothisArticle.Ifthecourtdetermines that the sentence shall be imposed without parole eligibility, the offender shall not be eligible for parole.
1:13(B) and 24:177(E)] DIGEST SB 201 Engrossed 2026 Regular Session Morris Present law provides for a hearing to determine parole eligibility for certain juvenile offenders.
* * * D.Thesolepurposeofthehearingisto determinewhetherthesentenceshall be imposed with or without parole eligibility.
Proposed law retains present law.
The court shall state for the recordthe considerations taken into account and the factual basis for its determination.
Present law limits the hearingto the sole purpose of determiningwhetherthe sentenceshall be imposed with or without parole eligibility.
Sentences imposed without parole eligibility and determinations that an offender is not entitled to parole eligibilityshould normallybe reserved for the worst offenders andtheworstcases.Areviewingcourtshallgiveparamountconsiderationtothe information considered by the trier of fact that rendered the original sentence.
Proposed law retains present law.
In cases where a juvenile offender was originally sentenced to death after the court considered but rejected youth as a mitigating factor, a reviewing court shall not substitute its judgment for the judgment of the trier of fact unless the trieroffactclearlyabuseditsdiscretionandcouldnothavereasonablyreached that result.
Present law requires the court to state for the record the considerations taken into account and the factual basis for its determination.
Section2.TheintroductoryparagraphofR.S.15:574.4(G)(1)isherebyamendedand reenacted to read as follows:
Proposed law retains present law.
§574.4.
Present law provides that sentences imposed without parole eligibility and determinations thatanoffenderisnot entitledto paroleeligibilityshould normallybereservedfortheworst offenders and the worst cases.
Parole;
Proposed law repeals present law.
eligibility;
Proposedlawrequiresareviewingcourttogiveparamountconsiderationtotheinformation considered by the trier of fact that rendered the original sentence.
juvenile offenders * * * Page 2 of 3 Coding:
Proposedlawprohibitsthereviewingcourt,incaseswhereajuvenileoffenderwasoriginally sentenced to death after the court considered but rejected youth as a mitigating factor, from substituting its judgment for the judgment of the trier of fact unless the trier of fact clearly abused its discretion and could not have reasonablyreached that result.
Words which are struck through are deletions from existing law;
Effective August 1, 2026.
words in boldface type and underscored are additions.
(Amends C.Cr.P.
SB NO.
Art.
201 ENROLLED G.(1) Notwithstanding any provision of law to the contrary, any person servingasentenceoflifeimprisonment fora conviction of first degreemurder(R.S.
878.1(D)) Page 2 of 2 Coding:
14:30) or second degree murder (R.S.
14:30.1) who was under the age of eighteen years at the time of the commission of the offense and whose indictment for the offense was either prior to August 1, 2017, or on or after August 1, 2026, shall be eligible for parole consideration pursuant to the provisions of this Subsection if a judicial determination has been made that the person is entitled to parole eligibility pursuant to Code of Criminal Procedure Article 878.1(A)(2) or (B) and all of the following conditions have been met:
* * * PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
Page 3 of 3 Coding:
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