Bills that passed in the Special Criminal Justice Session:

House Bill 4 by Representative Emerson (Act 10) provides relative to post conviction relief procedures. All of the present law limitations on repetitive applications and time limitations for post-conviction relief are considered jurisdictional and cannot be waived or excused by the court or the district attorney. Previously, the state could waive any of these procedural objections.

House Bill 5 by Representative Mike Johnson (sent to governor) designates the crime of illegal use of weapons or dangerous instrumentalities as a crime of violence.

House Bill 6 by Representative Muscarello (Act 5) provide that every sentence of death is to be carried out either by lethal injection, nitrogen hypoxia, or electrocution. The purchase of drugs, medical supplies, medical equipment, or any other supplies necessary to carry out the execution is not subject to the La. Procurement Code. Certain information and records relative to the execution are confidential and not subject to disclosure, and are not admissible as evidence nor discoverable in any proceeding.

House Bill 7 by Representative Schlegel (sent to governor) increases the minimum penalty for carjacking from not less than two years to not less than five years. When serious bodily injury occurs, the minimum penalty for carjacking increases from not less than 10 years to not less than 20 years, and the maximum penalty from not more than 20 years to not more than 30 years, without benefit of parole, probation, or suspension of sentence.

House Bill 8 by Representative Schlegel (sent to governor) provides that any person who distributes fentanyl in a manner that would appeal to a minor due to the shape, color, taste, or design of the fentanyl or the fentanyl’s packaging will be imprisoned at hard labor for between 25 and 99 years without benefit of probation, parole, or suspension of sentence.

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