Article 890.1 of the Louisiana Code of Criminal Procedure - Waiver of Minimum Mandatory Sentences; Procedure; Exceptions

 

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 R.S. 15:574.4.

 

D.  The provisions of this Article shall not apply to a sex offense as defined in R.S. 15:541 or to any of the following crimes of violence:

 

(1) R.S. 14:28.1 (Solicitation for murder).

 

(2) R.S. 14:30 (First degree murder).

 

(3) R.S. 14:30.1 (Second degree murder).

 

(4) R.S. 14:31 (Manslaughter).

 

(5) R.S. 14:34.6 (Disarming of a peace officer).

 

(6) R.S. 14:34.7 (Aggravated second degree battery).

 

(7) R.S. 14:37.1 (Assault by drive-by shooting).

 

(8) R.S. 14:37.4 (Aggravated assault with a firearm).

 

(9) R.S. 14:42 (Aggravated or first degree rape).

 

(10) R.S. 14:42.1 (Forcible or second degree rape).

 

(11) R.S. 14:43 (Simple or third degree rape).

 

(12) R.S. 14:43.1 (Sexual battery).

 

(13) R.S.14:43.2 (Second degree sexual battery).

 

(14) R.S. 14:43.5 (Intentional exposure to AIDS virus).

 

(15) R.S. 14:44 (Aggravated kidnapping).

 

(16) R.S. 14:44.1 (Second degree kidnapping).

 

(17) R.S. 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) R.S. 14:62.8 (Home invasion).

 

(21) R.S. 14:64 (Armed robbery).

 

(22) R.S. 14:64.4 (Second degree robbery).

 

(23) R.S. 14:64.3 (Armed robbery; use of firearm).

 

(24) R.S. 14:64.2 (Carjacking).

 

(25) R.S. 14:78.1 (Aggravated incest).

 

(26) R.S. 14:93.2.3 (Second degree cruelty to juveniles).

 

(27) R.S. 14:128.1 (Terrorism).

 

(28) R.S. 14:34 (Aggravated battery).

 

(29) R.S. 14:37 (Aggravated assault).

 

(30) R.S. 14:34.1 (Second Degree Battery)

 

(31) R.S. 14:35.3 (Domestic Abuse Battery)

 

(32) R.S. 14:40.2 (Stalking)

 

(33) R.S. 14:64.1 (First Degree Robbery)

 

(34) R.S. 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.

 

Credits

 

Added by Acts 2012, No. 160, § 1, eff. May 17, 2012. Amended by Acts 2014, No. 634, § 1; Acts 2015, No. 184, § 6.

 

 

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