HCASB201 4274 5432 HOUSE COMMITTEE AMENDMENTS Regular Session ENROLLEDAmendments SENATEproposed BILLby NO.House Committee on Administration of Criminal Justice to Engrossed Senate Bill No.

201 BYby SENATORSenator MORRISMorris ANAMENDMENT ACTNO. To amend and reenact Code of Criminal Procedure Article 878.1 (A) and (D) and the introductory paragraph of R.S.

15:574.4(G)(1),1 relativeOn topage juvenile1, sentencing;line 2, change "Art.

to878.1(D)" provide for a hearing to determine"Article parole878.1(A) eligibilityand for(D)" certainAMENDMENT juvenileNO. offenders;

to2 provideOn forpage resentencing;1, line 6, change "Art.

and878.1(D) is" to provide"Article for878.1(A) relatedand matters.(D) are" AMENDMENT NO.

Be3 itOn enactedpage by1, thebetween Legislaturelines of8 Louisiana:and 9, insert the following:

Section1.CodeofCriminalProcedureArticle878.1(A)and(D)areherebyamended"A.(1) andIf reenactedan tooffender readis asindicted follows:on or after August 1, 2017, for the crime of first degree murder (R.S.

Art.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 asentence of life imprisonment without possibilityof parole within one hundred eighty days after the indictment.

878.1.

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.

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.

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).IfthedistrictattorneyfailstoofR.S. timelyfilethenoticeofintent,the sentence shall be imposed with parole eligibility and the offender shall be eligible for parole pursuant to the provisions of R.S.

15:574.4(E).Ifthedistrictattorneyfailstotimelyfilethenoticeofintent, the sentence shall be imposed with parole eligibility and the offender shall be eligible for parole pursuant to the provisions of R.S.

(2) If an offender is indicted on or afterafterAugust August1,2026, 1, 2026, for the crime of second degree murder (R.S.

14:30.1) where the offender was under the age of Pageeighteenyearsatthetimeof 1thecommission of 3theoffense,thedistrictattorney Coding:may file a notice of intent to seek a sentence of life imprisonment without possibilityofparolewithinonehundredeightydaysaftertheindictment.

WordsIfthe whichdistrict areattorney strucktimely throughfiles arethe deletionsnotice fromof existingintent, law;a hearing shall be conducted afterconvictionandpriortosentencingtodeterminewhetherthesentenceshall be imposed with or without parole eligibility.

words in boldface type and underscored are additions.

SB NO.

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.

15:574.4(G).15:574.4(F).

If the district attorney fails to timely filethenoticeofintent,thesentenceshallbeimposedwithparoleeligibilityand theoffendershallbeeligibleforparolepursuanttoR.S.15:574.4(G)withoutthetheoffendershallbeeligibleforparolepursuanttoR.S.15:574.4(F)withoutthe needofajudicialdeterminationpursuanttothisArticle.Ifthecourtdeterminesneed of a judicial determination pursuant to this ArticleIf the court determines that the sentence shall be imposed without parole eligibility, the offender shall not be eligible for parole.parole." Page 1 of 1 CODING:

*Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored *are *additions. D.Thesolepurposeofthehearingisto determinewhetherthesentenceshall be imposed with or without parole eligibility.

The court shall state for the recordthe considerations taken into account and the factual basis for its determination.

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.

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.

Section2.TheintroductoryparagraphofR.S.15:574.4(G)(1)isherebyamendedand reenacted to read as follows:

§574.4.

Parole;

eligibility;

juvenile offenders * * * Page 2 of 3 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

201 ENROLLED G.(1) Notwithstanding any provision of law to the contrary, any person servingasentenceoflifeimprisonment fora conviction of first degreemurder(R.S.

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:

Words which are struck through are deletions from existing law;