Article 890.1 of the Louisiana Code of Criminal Procedure - Waiver of Minimum Mandatory Sentences; Procedure; Exceptions

A.  Notwithstanding any other provision of law to the contrary, if a felony or misdemeanor offense specifies a sentence with a minimum term of confinement or a minimum fine, or that the sentence shall be served without benefit of parole, probation, or suspension of sentence, the court, upon conviction, in sentencing the offender shall impose the sentence as provided in the penalty provisions for that offense, unless one of the following occurs:

(1) The defendant pled guilty pursuant to a negotiated plea agreement with the prosecution and the court, which specifies that the sentence shall be served with benefit of parole, probation, or suspension of sentence or specifies a reduced fine or term of confinement.

(2) In cases resulting in trial, the prosecution, the defendant, and the court entered into a post-conviction agreement, which specifies that the sentence shall be served with benefit of parole, probation, or suspension of sentence or specifies a reduced fine or term of confinement.

B.  If such agreements are entered into between the prosecution and the defendant, the court, at sentencing, shall not impose a lesser term of imprisonment, lesser fine, or lesser period of sentence served without benefit of parole, probation, or suspension of sentence than that expressly provided for under the terms of the plea or post-conviction agreement.

C.  No plea or post-conviction agreement shall provide parole eligibility at a time earlier than that provided in R.S. 15:574.4.

D.  The provisions of this Article shall not apply to a sex offense as defined in R.S. 15:541 or to any of the following crimes of violence:

(1) R.S. 14:28.1 (Solicitation for murder).

(2) R.S. 14:30 (First degree murder).

(3) R.S. 14:30.1 (Second degree murder).

(4) R.S. 14:31 (Manslaughter).

(5) R.S. 14:34.6 (Disarming of a peace officer).

(6) R.S. 14:34.7 (Aggravated second degree battery).

(7) R.S. 14:37.1 (Assault by drive-by shooting).

(8) R.S. 14:37.4 (Aggravated assault with a firearm).

(9) R.S. 14:42 (Aggravated or first degree rape).

(10) R.S. 14:42.1 (Forcible or second degree rape).

(11) R.S. 14:43 (Simple or third degree rape).

(12) R.S. 14:43.1 (Sexual battery).

(13) R.S.14:43.2 (Second degree sexual battery).

(14) R.S. 14:43.5 (Intentional exposure to AIDS virus).

(15) R.S. 14:44 (Aggravated kidnapping).

(16) R.S. 14:44.1 (Second degree kidnapping).

(17) R.S. 14:46.2 (Human trafficking).

(18) R.S.14:46.3 (Trafficking of children for sexual purposes).

(19) R.S.14:51 (Aggravated arson).

(20) R.S. 14:62.8 (Home invasion).

(21) R.S. 14:64 (Armed robbery).

(22) R.S. 14:64.4 (Second degree robbery).

(23) R.S. 14:64.3 (Armed robbery; use of firearm).

(24) R.S. 14:64.2 (Carjacking).

(25) R.S. 14:78.1 (Aggravated incest).

(26) R.S. 14:93.2.3 (Second degree cruelty to juveniles).

(27) R.S. 14:128.1 (Terrorism).

(28) R.S. 14:34 (Aggravated battery).

(29) R.S. 14:37 (Aggravated assault).

(30) R.S. 14:34.1 (Second Degree Battery)

(31) R.S. 14:35.3 (Domestic Abuse Battery)

(32) R.S. 14:40.2 (Stalking)

(33) R.S. 14:64.1 (First Degree Robbery)

(34) R.S. 14:32.5 (Feticide)

E.  At the time the sentence is imposed pursuant to this Article, the Uniform Commitment Sentencing Order shall specify that the sentence is imposed pursuant to the provisions of this Article.

Credits

Added by Acts 2012, No. 160, § 1, eff. May 17, 2012. Amended by Acts 2014, No. 634, § 1; Acts 2015, No. 184, § 6.

Louisiana Revised Statute 14:34.7

A. Aggravated second degree battery is a battery committed with a dangerous weapon when the offender intentionally inflicts serious bodily injury.

B. For purposes of this Section, the following words shall have the following meanings:

(1) "Active member of the United States Armed Forces" shall mean an active member of the United States Army, the United States Marine Corps, the United States Navy, the United States Air Force, the United States Coast Guard, or the National Guard.

(2) "Disabled veteran" shall mean a veteran member of the United States Army, the United States Marine Corps, the United States Navy, the United States Air Force, the United States Coast Guard, or the National Guard who is disabled as determined by the United States Department of Veteran Affairs.

(3) "Serious bodily injury" means bodily injury which involves unconsciousness, extreme physical pain or protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death.

C. Whoever commits the crime of aggravated second degree battery shall be fined not more than ten thousand dollars or imprisoned, with or without hard labor, for not more than fifteen years, or both. At least one year of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence if the offender knew or should have known that the victim is an active member of the United States Armed Forces or is a disabled veteran and the aggravated second degree battery was committed because of that status.

Credits

Added by Acts 1997, No. 1318, § 1, eff. July 15, 1997. Amended by Acts 2012, No. 40, § 1.

Louisiana Revised Statute 14:128.1

A. Terrorism is the commission of any of the acts enumerated in this Subsection, when the offender has the intent to intimidate or coerce the civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by intimidation or coercion:

(1) Intentional killing of a human being.

(2) Intentional infliction of serious bodily injury upon a human being.

(3) Kidnapping of a human being.

(4) Aggravated arson upon any structure, watercraft, or movable.

(5) Intentional aggravated criminal damage to property.

B. (1) Whoever commits the crime of terrorism as provided in Paragraph (A)(1) of this Section shall be punished by life imprisonment at hard labor, without benefit of probation, parole, or suspension of sentence.

(2) Whoever commits the crime of terrorism as provided in Paragraph (A)(2) of this Section shall be imprisoned at hard labor for not more than thirty years.

(3) Whoever commits the crime of terrorism as provided in Paragraph (A)(3) of this Section shall be imprisoned at hard labor for not more than ten years.

(4) Whoever commits the crime of terrorism as provided in Paragraph (A)(4) of this Section shall be imprisoned at hard labor for not less than six years nor more than forty years. At least four years of the sentence of imprisonment shall be imposed without benefit of probation, parole, or suspension of sentence.

(5) Whoever commits the crime of terrorism as provided in Paragraph (A)(5) of this Section shall be imprisoned at hard labor for not less than one year nor more than thirty years.

C. Nothing in this Section shall be construed to prevent lawful assembly and peaceful and orderly petition for the redress of grievances, including but not limited to any labor dispute between any employer and its employees.

Credits

Added by Acts 2002, 1st Ex.Sess., No. 128, § 2.

Louisiana Revised Statute 14:94

A. Illegal use of weapons or dangerous instrumentalities is the intentional or criminally negligent discharging of any firearm, or the throwing, placing, or other use of any article, liquid, or substance, where it is foreseeable that it may result in death or great bodily harm to a human being.

B. Except as provided in Subsection E, whoever commits the crime of illegal use of weapons or dangerous instrumentalities shall be fined not more than one thousand dollars, or imprisoned with or without hard labor for not more than two years, or both.

C. Except as provided in Subsection E, on a second or subsequent conviction, the offender shall be imprisoned at hard labor for not less than five years nor more than seven years, without benefit of probation or suspension of sentence.

D. The enhanced penalty upon second and subsequent convictions provided for in Subsection C of this Section shall not be applicable in cases where more than five years have elapsed since the expiration of the maximum sentence, or sentences, of the previous conviction or convictions, and the time of the commission of the last offense for which he has been convicted. The sentence to be imposed in such event shall be the same as may be imposed upon a first conviction.

E. Whoever commits the crime of illegal use of weapons or dangerous instrumentalities by discharging a firearm from a motor vehicle located upon a public street or highway, where the intent is to injure, harm, or frighten another human being, shall be imprisoned at hard labor for not less than five nor more than ten years without benefit of probation or suspension of sentence.

F. Whoever commits the crime of illegal use of weapons or dangerous instrumentalities by discharging a firearm while committing, attempting to commit, conspiring to commit, or soliciting, coercing, or intimidating another person to commit a crime of violence or violation of the Uniform Controlled Dangerous Substances Law, shall be imprisoned at hard labor for not less then ten years nor more than twenty years, without benefit of parole, probation, or suspension of sentence. If the firearm used in violation of this Subsection is a machine gun or is equipped with a firearm silencer or muffler, as defined by R.S. 40:1751 and R.S. 40:1781, respectively, the offender shall be sentenced to imprisonment for not less than twenty years nor more than thirty years, without benefit of parole, probation, or suspension of sentence. Upon a second or subsequent conviction, under this Subsection, such offender shall be sentenced to imprisonment for not less than twenty years. If the violation of this Subsection, upon second or subsequent conviction, involves the use of a machine gun or a firearm equipped with a firearm silencer or muffler, such offender shall be sentenced to imprisonment for life without benefit of parole, probation, or suspension of sentence.

Credits

Amended by Acts 1958, No. 379, §§ 1, 3; Acts 1960, No. 550, § 1; Acts 1966, No. 58, § 1; Acts 1968, No. 647, § 1, eff. July 20, 1968, at 1:30 P.M.; Acts 1972, No. 650, § 1; Acts 1991, No. 904, § 1; Acts 1992, No. 1015, § 1; Acts 1995, No. 748, § 1.