SB 201

2026 Regular Session  ENROLLED
  ACT No. 585
 SENATE BILL NO. 201
 BY SENATOR MORRIS
1AN ACT
2 To amend and reenact Code of Criminal Procedure Article 878.1 (A) and (D) and the
3introductory paragraph of R.S. 15:574.4(G)(1), relative to juvenile sentencing; to
4provide for a hearing to determine parole eligibility for certain juvenile offenders;
5to provide for resentencing; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7Section 1. Code of Criminal Procedure Article 878.1(A) and (D) are hereby amended
8 and reenacted to read as follows:
9Art. 878.1. Hearing to determine parole eligibility for certain juvenile offenders
10A.(1) If an offender is indicted on or after August 1, 2017, for the crime of
11first degree murder (R.S. 14:30) where the offender was under the age of eighteen
12years at the time of the commission of the offense, the district attorney may file a
13notice of intent to seek a sentence of life imprisonment without possibility of parole
14within one hundred eighty days after the indictment. If the district attorney timely
15files the notice of intent, a hearing shall be conducted after conviction and prior to
16sentencing to determine whether the sentence shall be imposed with or without
17parole eligibility. If the court determines that the sentence shall be imposed with
18parole eligibility, the offender shall be eligible for parole pursuant to the provisions
19of R.S. 15:574.4(E). If the district attorney fails to timely file the notice of intent, the
20sentence shall be imposed with parole eligibility and the offender shall be eligible
21for parole pursuant to the provisions of R.S. 15:574.4(E) without the need of a
22judicial determination pursuant to the provisions of this Article. If the court
23determines that the sentence shall be imposed without parole eligibility, the offender
24shall not be eligible for parole.
25(2) If an offender is indicted on or after August 1, 2026, for the crime of
26second degree murder (R.S. 14:30.1) where the offender was under the age of
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  Coding: Words which are struck through are deletions from existing law;
  words in boldface type and underscored are additions.
 SB NO. 201  ENROLLED
1eighteen years at the time of the commission of the offense, the district attorney
2may file a notice of intent to seek a sentence of life imprisonment without
3possibility of parole within one hundred eighty days after the indictment. If the
4district attorney timely files the notice of intent, a hearing shall be conducted
5after conviction and prior to sentencing to determine whether the sentence shall
6be imposed with or without parole eligibility. If the court determines that the
7sentence shall be imposed with parole eligibility, the offender shall be eligible
8for parole pursuant to R.S. 15:574.4(G). If the district attorney fails to timely
9file the notice of intent, the sentence shall be imposed with parole eligibility and
10the offender shall be eligible for parole pursuant to R.S. 15:574.4(G) without the
11need of a judicial determination pursuant to this Article. If the court determines
12that the sentence shall be imposed without parole eligibility, the offender shall
13not be eligible for parole.
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15D. The sole purpose of the hearing is to determine whether the sentence shall
16be imposed with or without parole eligibility. The court shall state for the record the
17considerations taken into account and the factual basis for its determination.
18Sentences imposed without parole eligibility and determinations that an offender is
19not entitled to parole eligibility should normally be reserved for the worst offenders
20and the worst cases. A reviewing court shall give paramount consideration to the
21information considered by the trier of fact that rendered the original sentence.
22In cases where a juvenile offender was originally sentenced to death after the
23court considered but rejected youth as a mitigating factor, a reviewing court
24shall not substitute its judgment for the judgment of the trier of fact unless the
25trier of fact clearly abused its discretion and could not have reasonably reached
26that result.
27Section 2. The introductory paragraph of R.S. 15:574.4(G)(1) is hereby amended and
28 reenacted to read as follows:
29§574.4. Parole; eligibility; juvenile offenders
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  Coding: Words which are struck through are deletions from existing law;
  words in boldface type and underscored are additions.
 SB NO. 201  ENROLLED
1G.(1) Notwithstanding any provision of law to the contrary, any person
2serving a sentence of life imprisonment for a conviction of first degree murder (R.S.
314:30) or second degree murder (R.S. 14:30.1) who was under the age of eighteen
4years at the time of the commission of the offense and whose indictment for the
5offense was either prior to August 1, 2017, or on or after August 1, 2026, shall be
6eligible for parole consideration pursuant to the provisions of this Subsection if a
7judicial determination has been made that the person is entitled to parole eligibility
8pursuant to Code of Criminal Procedure Article 878.1(A)(2) or (B) and all of the
9following conditions have been met:
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  PRESIDENT OF THE SENATE
  SPEAKER OF THE HOUSE OF REPRESENTATIVES
  GOVERNOR OF THE STATE OF LOUISIANA
 APPROVED:
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  Coding: Words which are struck through are deletions from existing law;
  words in boldface type and underscored are additions.