Louisiana Code of Criminal Procedure 890.1 – Waiver of minimum mandatory sentences; procedure; exceptions
Terms Used In Louisiana Code of Criminal Procedure 890.1
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. Notwithstanding any other provision of law to the contrary, if a felony or misdemeanor offense specifies a sentence with a minimum term of confinement or a minimum fine, or that the sentence shall be served without benefit of parole, probation, or suspension of sentence, the court, upon conviction, in sentencing the offender shall impose the sentence as provided in the penalty provisions for that offense, unless one of the following occurs:
(1) The defendant pled guilty pursuant to a negotiated plea agreement with the prosecution and the court, which specifies that the sentence shall be served with benefit of parole, probation, or suspension of sentence or specifies a reduced fine or term of confinement.
(2) In cases resulting in trial, the prosecution, the defendant, and the court entered into a post-conviction agreement, which specifies that the sentence shall be served with benefit of parole, probation, or suspension of sentence or specifies a reduced fine or term of confinement.
B. If such agreements are entered into between the prosecution and the defendant, the court, at sentencing, shall not impose a lesser term of imprisonment, lesser fine, or lesser period of sentence served without benefit of parole, probation, or suspension of sentence than that expressly provided for under the terms of the plea or post-conviction agreement.
C. No plea or post-conviction agreement shall provide parole eligibility at a time earlier than that provided in La. Rev. Stat. 15:574.4.
D. The provisions of this Article shall not apply to a sex offense as defined in La. Rev. Stat. 15:541 or to any of the following crimes of violence:
(1) La. Rev. Stat. 14:28.1 (Solicitation for murder).
(2) La. Rev. Stat. 14:30 (First degree murder).
(3) La. Rev. Stat. 14:30.1 (Second degree murder).
(4) La. Rev. Stat. 14:31 (Manslaughter).
(5) La. Rev. Stat. 14:34.6 (Disarming of a peace officer).
(6) La. Rev. Stat. 14:34.7 (Aggravated second degree battery).
(7) La. Rev. Stat. 14:37.1 (Assault by drive-by shooting).
(8) La. Rev. Stat. 14:37.4 (Aggravated assault with a firearm).
(9) La. Rev. Stat. 14:42 (Aggravated or first degree rape).
(10) La. Rev. Stat. 14:42.1 (Forcible or second degree rape).
(11) La. Rev. Stat. 14:43 (Simple or third degree rape).
(12) La. Rev. Stat. 14:43.1 (Sexual battery).
(13) R.S.14:43.2 (Second degree sexual battery).
(14) La. Rev. Stat. 14:43.5 (Intentional exposure to AIDS virus).
(15) La. Rev. Stat. 14:44 (Aggravated kidnapping).
(16) La. Rev. Stat. 14:44.1 (Second degree kidnapping).
(17) La. Rev. Stat. 14:46.2 (Human trafficking).
(18) R.S.14:46.3 (Trafficking of children for sexual purposes).
(19) R.S.14:51 (Aggravated arson).
(20) La. Rev. Stat. 14:62.8 (Home invasion).
(21) La. Rev. Stat. 14:64 (Armed robbery).
(22) La. Rev. Stat. 14:64.4 (Second degree robbery).
(23) La. Rev. Stat. 14:64.3 (Armed robbery; use of firearm).
(24) La. Rev. Stat. 14:64.2 (Carjacking).
(25) La. Rev. Stat. 14:78.1 (Aggravated incest).
(26) La. Rev. Stat. 14:93.2.3 (Second degree cruelty to juveniles).
(27) R.S.14:128.1 (Terrorism).
(28) La. Rev. Stat. 14:34 (Aggravated battery).
(29) La. Rev. Stat. 14:37 (Aggravated assault).
(30) La. Rev. Stat. 14:34.1 (Second Degree Battery)
(31) La. Rev. Stat. 14:35.3 (Domestic Abuse Battery)
(32) La. Rev. Stat. 14:40.2 (Stalking)
(33) La. Rev. Stat. 14:64.1 (First Degree Robbery)
(34) La. Rev. Stat. 14:32.5 (Feticide)
E. At the time the sentence is imposed pursuant to this Article, the Uniform Commitment Sentencing Order shall specify that the sentence is imposed pursuant to the provisions of this Article.
Acts 2012, No. 160, §1, eff. May 17, 2012; Acts 2014, No. 634, §1; Acts 2015, No. 184, §6.