LA HB128

Courts must deviate from mandatory minimum sentences when significant aggravating or mitigating circumstances differentiate a case from typical offenses of that type

Deviated sentences must be proportional to the offense seriousness and offender's criminal history, with the court stating reasons on the record

Aggravating circumstances include deliberate cruelty, vulnerable victims, use of dangerous weapons, leadership role in the offense, creating risk of death to multiple people, and involvement of juveniles in drug trafficking

Mitigating circumstances include victim provocation, offender acting under duress or mental disturbance, minor role in the crime, cooperation with law enforcement, genuine remorse, and rehabilitation efforts

Enacts new Code of Criminal Procedure Article 894.1.1 to establish this sentencing deviation framework