House Bill No. by Representative Wiley amends the habitual offender law in Louisiana, specifically R.S. 15:529.1(C)(1) and (2). The bill modifies the time periods that determine whether a current offense can be counted as a subsequent offense. It establishes that if more than five or ten years have elapsed between the completion of a previous sentence (including probation, parole, or suspension) and the commission of a new offense, the current offense will not be classified as a second, third, or higher offense. This applies unless the new offense is a crime of violence or a sex offense, in which case the ten-year period applies.

The bill also clarifies that certain periods of incarceration or supervision will not be included in the computation of these time periods. Specifically, any time spent in a penal institution or under probation or parole supervision, whether in Louisiana or another state, will not count against the five or ten-year intervals. This change aims to provide a clearer framework for determining habitual offender status and to ensure that offenders are not penalized for time spent under supervision or incarceration when calculating their eligibility for classification as habitual offenders.

Statutes affected:
HB146 Original: 15:1(C)(1)
HB146 Engrossed: 15:1(C)(1)
HB146 Enrolled: 15:1(C)(1)