House Bill No. [insert bill number] amends existing Louisiana law regarding parties to a crime by adding "accessory before the fact" to the classifications of individuals involved in criminal activities. The bill redefines the term "principal" to exclude those who merely aid and abet in the commission of a crime, while providing a clear definition for "accessory before the fact" as any person who assists or encourages the principal in committing the crime, regardless of their presence at the scene. Additionally, the bill establishes specific penalties for accessories before the fact, which vary based on the nature of the crime, including imprisonment terms and fines.

Furthermore, the bill modifies the provisions related to accessories after the fact, stipulating that they cannot be tried or punished until the principal felon has been convicted. It also introduces a mechanism for defendants who were wrongfully convicted as principals but were actually accessories before the fact to file a motion for resentencing after serving at least one-third of their sentence. This motion must include evidence supporting their claim of being an accessory, and if the court finds sufficient evidence, it will amend the sentence accordingly.

Statutes affected:
HB564 Original: