LA · rules
La. Code Crim. Proc. art. 893.2
Discharge, use, or possession of firearm in commission of a felony or a specifically enumerated misdemeanor; submission to jury
A.(1) If a motion was filed by the state in compliance with Article 893.1, a determination shall be made as to all of the following:
(a) Whether a firearm was discharged, or used during the commission of the felony or specifically enumerated misdemeanor, or actually possessed during the commission of any of the following:
(i) A felony which is a crime of violence as defined by R.S. 14:2(B).
(ii) Felony theft.
(iii) Simple burglary.
(iv) Simple burglary of an inhabited dwelling.
(v) Unauthorized entry of an inhabited dwelling.
(vi) Production, manufacturing, distribution, dispensing, or possession with intent to produce, manufacture, distribute, or dispense a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Law.
(vii) A specifically enumerated misdemeanor.
(b) Whether the mandatory minimum sentencing provisions of Article 893.3 have been shown to be applicable.
(2) Such determination is a specific finding of fact to be submitted to the jury and proven by the state beyond a reasonable doubt.
B. If a motion was filed by the state in compliance with Article 893.1 and the case is resolved pursuant to a plea agreement, the district attorney and the defendant may stipulate that the provisions of Article 893.3 are applicable. Any such stipulation shall identify for the court all of the following:
(1) The specific provision of Article 893.3 that applies.
(2) The specific underlying felony or specifically enumerated misdemeanor within Article 893.3 that applies.
History
Acts 1988, No. 319, §1; Acts 1999, No. 575, §1; Acts 2019, No. 326, §1, eff. June 11, 2019; Acts 2021, No. 349, §1; Acts 2025, No. 52, §1, eff. June 4, 2025.
Provenance
- Source
- legis.la.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
67ee5110e35458123506e572d9208f3fb8468ab693904814af4bd23cbd7c1bea
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