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Senate committee clears bill to let plea deals carry firearm sentencing enhancements
Summary
The Senate Judiciary C committee voted to report House Bill 79 favorably after sponsors and the governor—s office explained the measure clarifies that firearm sentencing enhancements can be included in plea agreements if the prosecutor and defendant agree and the defendant admits the firearm conduct.
House Bill 79, a measure clarifying when firearm sentencing enhancements may be applied, was reported favorably by the Senate Judiciary C committee after supporters told senators the change would remove uncertainty that now discourages plea agreements that include enhancements.
The bill matters because under current practice, supporters said, some courts and prosecutors are uncertain whether a firearm enhancement can legally be accepted as part of a plea deal, which leaves that tool unused in many cases and can prolong prosecutions.
Representative Akerlach, the bill—s House sponsor, told the committee the change is primarily a cleanup of existing procedure and would allow a prosecutor and defendant to reach a plea that includes a firearm sentencing enhancement when both sides agree. Christopher Walters, deputy executive counsel for Governor Landry, testified on behalf of the governor—s office in support and said the bill provides a clear structure for courts to accept such plea agreements. Walters said, "The court understands this is what I need to look for and see in order to have these things apply: that the defendant admits that he used a firearm or he possessed a firearm or whatever enhancement provision is required under the plea."
Committee members heard there were no opposing witnesses and several law enforcement leaders and district attorneys registered support but did not speak. After a motion to report the bill favorably there was no objection and the committee recorded the bill as reported favorably.
Supporters said the bill does not change maximum penalties; it establishes a minimum time component that can be imposed within the statutory maximum when enhancements apply and gives district attorneys clearer authority to offer enhanced-penalty pleas. The committee did not adopt amendments and no questions remained when the sponsor closed.
The committee—s vote to report HB 79 favorably was made by voice with no objection recorded on the floor; no amendment or dissent was recorded in the hearing.
The bill will move to the Senate floor as reported by the committee; staff indicated routine drafting and clerical steps will follow before final scheduling.
