Final Louisiana Special Criminal Justice Session Bills

In the recent Louisiana Special Criminal Justice Session, several bills were passed that will have significant impacts on the state's criminal justice system.

House Bill 4, sponsored by Representative Emerson, now Act 10, addresses post-conviction relief procedures. This law makes all present limitations on repetitive applications and time limits for post-conviction relief jurisdictional, meaning they cannot be waived or excused by the court or district attorney.

House Bill 5, sponsored by Representative Mike Johnson and sent to the governor, designates the crime of illegal use of weapons or dangerous instrumentalities as a crime of violence. House Bill 6, sponsored by Representative Muscarello and now Act 5, specifies that every death sentence must be carried out by lethal injection, nitrogen hypoxia, or electrocution. It also exempts the purchase of execution-related supplies from the Louisiana Procurement Code.

House Bill 7, sponsored by Representative Schlegel and sent to the governor, increases the minimum penalty for carjacking from not less than two years to not less than five years, with harsher penalties if serious bodily injury occurs.

House Bill 8, also sponsored by Representative Schlegel and sent to the governor, imposes strict penalties for distributing fentanyl in a way that would appeal to minors.

House Bill 9, sponsored by Representative Villio and now Act 6, limits parole eligibility for certain offenders committed to the Department of Corrections after August 1, 2024.

House Bill 10, also sponsored by Representative Villio and now Act 7, restricts the earning of "good time" for offenders convicted on or after August 1, 2024.

House Bill 11, sponsored by Representative Villio and now Act 8, modifies violations and sanctions related to probation and parole. It increases the maximum probation period for noncapital felonies, modifies administrative sanctions for technical violations of probation, and eliminates the tiered sentencing system for technical parole violations.

House Bill 19, sponsored by Representative McFarland and signed by the president, appropriates supplemental funding for Fiscal Year 2023-2024 for the Department of Military Affairs, the Louisiana Public Defender Board, and the Office of State Police.

Lastly, House Bill 23, sponsored by Representative Melerine and now Act 12, requires civil pleadings alleging a statute or law unconstitutional to be in writing and brought as an ordinary proceeding. It also allows the attorney general 30 days to respond and permits direct appeals to the Louisiana Supreme Court for supervisory review.

For further inquiries, individuals are encouraged to contact their state legislators' district offices.