CRIMINAL/HABIT OFFENDERS: Provides relative to the Habitual Offender Law

HLS 26RS-961 ORIGINAL
2026 Regular Session
HOUSE BILL NO. 402
BY REPRESENTATIVE BRYANT
CRIMINAL/HABIT OFFENDERS: Provides relative to the Habitual Offender Law
1 AN ACT
2 To enact R.S. 15:529.1(A)(introductory paragraph) and (3)(c), relative to habitual offenders;
3 to provide for sentencing of habitual offenders under certain circumstances; to
4 provide for a definition; to provide for retroactive application; and to provide for
5 related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 15:529.1(A)(introductory paragraph) and (3)(c) is hereby enacted to
8 read as follows:
9 §529.1. Sentences for second and subsequent offenses; certificate of warden or clerk
10 of court in the state of Louisiana as evidence
11 A. Any person who, after having been convicted within this state of a felony,
12 or who, after having been convicted under the laws of any other state or of the
13 United States, or any foreign government of a crime which, if committed in this state
14 would be a felony, thereafter commits any subsequent felony within this state, upon
15 conviction of said the felony, shall be punished as follows:
16 * * *
17 (3) If the third felony is such that upon a first conviction, the offender would
18 be punishable by imprisonment for any term less than his natural life then the
19 following sentences apply:
20 * * *
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-961 ORIGINAL
HB NO. 402
1 (c)(i) If the third felony and the two prior felonies are felonies defined as a
2 crime of violence as defined in R.S. 14:2(B), but no actual violence occurred during
3 the commission of these felonies, the person shall be sentenced for a determinate
4 term of not less than one-half of the longest possible sentence for the conviction and
5 not more than twice the longest possible sentence prescribed for a first conviction.
6 (ii) For purposes of this Subparagraph, "actual violence" means the use,
7 attempted use, or threatened use of physical force against the person or property of
8 another and involves a substantial risk that physical force against the person or
9 property of another may be used in the course of committing a criminal offense.
10 * * *
11 Section 2. This Act shall apply retroactively to any offender who was sentenced or
12 adjudicated prior to June 15, 2001.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 402 Original 2026 Regular Session Bryant
Abstract: Provides relative to habitual offenders.
Present law provides for the sentencing of second and subsequent felony offenses, otherwise
known as the "Habitual Offender Law".
Proposed law generally retains present law.
Present law provides for penalties applicable to an offender who has committed a third
felony.
Proposed law retains present law.
Proposed law requires that a person convicted of a third felony be sentenced for a
determinate term of not less than 1/2 of the longest possible sentence and not more than
twice the longest possible sentence prescribed for a first conviction if the person's third
felony and his two prior felonies are crimes of violence that involve no actual violence
during the commission of any of these felonies.
Proposed law defines the term "actual violence".
Proposed law applies retroactively to any offender who was sentenced or adjudicated prior
to June 15, 2001.
(Adds R.S. 15:529.1(A)(intro. para.) and (3)(c))
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.