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HB 564

CRIME: Provides relative to parties to a crime (OR SEE FISC NOTE GF EX)

2026 Regular Session Introduced by Denise Marcelle

Expands liability to include accessory before the fact and lets courts reconsider sentences if a principal was actually an accessory, with specific penalties and timing rules.

Involuntarily deferred in committee.
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Bill Summary · HB 564

Bill Summary: HB 564 (2026) – Louisiana crime law related to parties to a crime

Main purpose and intent

  • Expands the list of who can be charged as a party to a crime by adding “accessory before the fact.”
  • Clarifies and updates penalties for an accessory before the fact.
  • Provides a mechanism for resentencing an individual who was convicted as a principal but actually acted as an accessory before the fact, including a process to amend the sentence if certain conditions are met.

Key provisions and changes

  • New and revised classifications of parties to a crime

    • Adds "accessory before the fact" to the list of possible parties to a crime.
    • Amends the definition of “principal” to no longer include persons who “aid and abet” in the commission of the crime (thereby distinguishing principals from accessory before the fact in certain cases).
    • Existing categories remain: principals, accessories before the fact, and accessories after the fact.

  • Definitions

    • Accessory before the fact: Any person involved in the crime, present or absent, who aids and abets the principal, or who directly or indirectly counsels or procures the principal to commit the crime.

  • Penalties for accessory before the fact

    • If the offense carries life imprisonment: 5 to 15 years at hard labor.
    • Theft or receiving stolen things not punishable as a felony: up to $100 fine, up to 6 months in jail, or both.
    • Receiving stolen things punishable as a felony: up to $200 fine, up to 1 year in jail, or both.
    • Theft of $500 to $5,000: up to $500 fine, up to 1 year in jail, or both.
    • Theft over $5,000: up to $2,500 fine, up to 5 years in prison (with or without hard labor), or both.
    • In all other cases: penalty imposed in the same manner as the principal but capped at no more than one-half the maximum fine and one-half the maximum term of imprisonment for the offense.

  • Accessory after the fact (clarifications)

    • Under current law, an accessory after the fact can be charged regardless of whether the principal has been arrested, tried, or convicted.
    • HB 564 proposes that an accessory after the fact may not be tried and punished until the principal felon has been convicted.

  • Sentencing reconsideration (new procedure)

    • Allows a defendant who is incarcerated after being convicted as a principal but who was actually an accessory before the fact (as defined by the bill) to file a motion to reconsider sentence.
    • The defendant may file after serving at least one-third of the sentence imposed for the principal.
    • The motion must set forth evidence supporting the claim of accessory-before-the-fact status; if the court finds by a preponderance of the evidence that the defendant was an accessory before the fact, the court shall amend the sentence in accordance with the accessory-before-the-fact provisions, with credit for time served.

  • Procedural notes

    • The bill amends and reenacts several sections of the Louisiana Revised Statutes (R.S. 14:23, 24, 25) and modifies the Code of Criminal Procedure (Art. 881.1(A)(1)-(2)) and adds Art. 881.1(A)(5).
    • Effective dates are not specified in the summary; such provisions would be in the enacted text or a related fiscal note.

Who and what is affected

  • Potential defendants charged as parties to crime, specifically those who act as accessory before the fact.
  • Courts handling criminal prosecutions for crimes that could involve accessories before the fact.
  • Individuals convicted as principals who may actually have been accessories before the fact may pursue sentence reconsideration under the new process.
  • Public safety and law enforcement in Louisiana, given potential shifts in charging and sentencing dynamics for complex conspiratorial or preparatory conduct.

Significant procedural or timeline aspects

  • New motion to reconsider sentence process (Article 881.1(A)(5)) for cases where a defendant is found to have been an accessory before the fact after conviction, with eligibility tied to serving at least one-third of the principal sentence.
  • Requires a factual determination by the court on whether the defendant was actually an accessory before the fact, using evidence presented at trial or in the reconsideration motion.
  • For accessory before the fact penalties, the statute provides explicit sentencing ranges tied to the offense’s severity, with caps relative to the principal offense.
  • The bill distinguishes when an accessory after the fact may be charged, aligning timing requirements to the conviction of the principal.

Note: This summary focuses on the substantive provisions and their potential impact. For exact statutory language and any fiscal or implementation details, refer to the enrolled bill text and accompanying fiscal notes once available.

Compiled from official sources — confirm details with the bill’s official record.

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