06LegSummaryCriminal

Criminal Law
2006 Regular Session of the Louisiana Legislature

Increases the criminal penalties for the crimes of “molestation of a juvenile” and “aggravated incest” when the victim is under the age of 13 years. Requires a minimum mandatory sentence of 25 years for convictions of those offenses. Provides for monitoring of those offenders upon completion of their sentences. (Amends R.S. 14:78.1(D); adds R.S. 14:81.2(E))
HB 4  McDonald; Act 325; Effective 8/15/06

Amends an element of “third degree feticide.” Removes references regarding the offender being under the influence of narcotic drugs, central nervous system stimulants, hallucinogenic drugs, methaqualone, or barbiturates and replaces those terms with under the influence of controlled dangerous substances listed in Schedule I, II, III, IV, or V as set forth in R.S. 40:964.  (Amends R.S. 14:32.8(A)(2)(c))
HB 15 Martiny; Act 131; Effective 8/15/06

Any person with an order from the appropriate district court expunging an arrest, with consent of the district attorney, may petition the same court alleging actual innocence for an order to destroy the records. Retroactive. (Adds R.S. 44:9(J))
HB 54 Townsend; Act 673; Effective 8/15/06

Creates the crime of “harboring or concealing a sexual offender, sexually violentpredator, or child predator.” Provides penalties of a fine up to $5,000 or imprisonment for up to five years, at least two years having to be served without benefit of parole, probation, or suspension of sentence. (Adds R.S. 15:551)
HB 64 Dorsey; Act 137; Effective 8/15/06

Adds responsive verdicts for “aggravated second degree battery.” (Adds C.Cr.P. Art. 814(A)(14.2))
HB 77 Bruce; Act 52; Effective 8/15/06

Adds second degree robbery, cruelty to juveniles, and second degree cruelty tojuveniles to the list of aggravating felony offenses for purposes of “first degree murder”  and “second degree murder” and adds terrorism to the list of aggravating offenses for purposes of second degree murder.  (Amends R.S. 14:30(A)(1) and 30.1(A)(2)(a))
HB 81 Burns; Act 53; Effective 8/15/06

Amends provisions regarding the use of force, deadly force, and violence in self-defense and justifiable homicide. (Amends R.S. 14:19 and 20)
HB 89 LaFleur; Act 141; Effective 8/15/06

Work release. Prisoners participating in any of the inmate labor programs shall always remain in the custody and under the control of the sheriff, except when parish or municipal authorities assume the responsibility for the custody and control of participating prisoners for particular parish or municipal projects while the prisoners are outside of prison facilities administered by the sheriff. Immunity for parish or municipal authorities in the same manner as immunity provided for the sheriff and his deputies and employees. Retroactive. (Amends R.S. 15:708(A)(1), (2), (3)(a), and (5); adds R.S. 15:708(G) and (H); repeals R.S. 15:708(A)(3)(c))
HB 170 White; Act 336; Effective 6/13/06

Requires approval of residence plan of sex offender prior to granting parole. (Adds R.S. 15:574.4(S))
HB 171

Allows judge to extend the period of a defendant’s probation or parole until monetary obligations are extinguished. The monetary obligations include but are not limited to court costs, fines, costs of prosecution, and any other monetary costs associated with probation or parole. (Adds C.Cr.P. Art. 894.4)
HB 184 Smith, Jack; Act 823; Effective 8/15/06

Juveniles in custody of DPS&C, office of youth services, may be compensated for work performed during work programs.  (Amends R.S. 15:905)
HB 187 Martiny; Act 152; Effective 8/15/06

Venue for identity theft can be either the parish where the theft occurred or the parish where victim resides. (Amends C.Cr.P. Art. 611)
HB 220 Guillory, M.; Act 158; Effective 8/15/06

Requires pedestrians and vehicles to yield the right-of-way to vehicles participating in funeral processions and provides for a $100 penalty. Prohibits driving a motor vehicle equipped with a DVD player which is visible to the driver and prohibits installing DVD player in such a position. (Amends R.S. 32:365(A)(1); adds R.S. 32:300.3)
HB 240 Greene; Act 751; Effective 6/30/06

Deletes as an element of the crime of “looting” that a defendant knew or shouldhave known that a declaration of emergency existed. (Amends R.S. 14:62.5(C))
HB 264 Scalise; Act 165; Effective 8/15/06

Requires sex offenders to notify the local sheriff of their sex offender status when they enter an emergency shelter. Requires the chief of police and sheriff to forward information to the La. Bureau of Criminal Identification and Information.(Amends R.S. 15:542(A)(2)(a))
HB 278 Martiny; Act 683; Effective 8/15/06

Authorizes disclosure by a bank of financial records pursuant to a subpoena or court order issued in connection with proceedings before a state grand jury in accordance with applicable state law, rule, or regulation, or subpoena or court order issued in connection with a state criminal investigation pursuant to C.Cr.P. Art. 66. (Amends R.S. 6:333(F)(13))
HB 356 Martiny; Act 259; Effective 8/15/06

“Theft of the assets of an aged person or disabled person” include the intentional use, consumption, conversion, management, or appropriation of an aged or disabled person’s funds, assets, or property through the execution or attempted execution of a fraudulent or deceitful scheme designed to benefit a person other than the aged person or disabled person. (Adds R.S. 14:67.21(B)(3))
HB 364 Walsworth; Act 172; Effective 8/15/06

Amends the eligibility criteria regarding which inmates may participate in the intensive incarceration and intensive parole supervision (IMPACT) programs. (Amends R.S. 15:574.4(A)(2)(a)(i) and (c)(i))
HB 373 Martiny; Act 59; Effective 8/15/06

Authority to prescribe rules regulating the discipline of state custody inmates changed from the director of corrections to the secretary of DPS&C. The secretary is to maintain certain records. (Amends R.S. 15:829)
HB 375 Martiny; Act 60; Effective 8/15/06

Allows inmates convicted of certain controlled dangerous substance offenses to participate in work release programs. (Amends R.S. 15:711(G), 1111(I) and 1135(A), (B) and (2), and (D))
HB 376 Martiny; Act 173; Effective 8/15/06

Requires the secretary of DPS&C to adopt rules and regulations to encourage voluntary participation by inmates in certified treatment and rehabilitation programs. (Amends R.S. 15:828(B))
HB 377 Martiny; Act 61; Effective 8/15/06

Provides with respect to the number of witnesses at an execution. In the case of multiple victims’ families, the secretary shall determine the number of witnesses, subject to the availability of appropriate physical space. (Amends R.S. 15:570(D)(2))
HB 378 Martiny; Act 31; Effective 8/15/06

Limits the amount of good time or prior custody credit for inmates serving consecutive sentences to 30 days per month. (Amends R.S. 15:571.3(B) and C.Cr.P. Art. 880)
HB 379 Martiny; Act 174; Effective 8/15/06

Requires DPS&C to provide sex offenders with information on the protocol to be followed in emergency situations including their obligations to notify the manager ofan emergency shelter and to report to the division of probation and parole. Offender’s failure to comply constitutes a violation of parole and subjects offender to parole revocation.  (Adds R.S. 15:543.1)
HB 409 Scalise; Act 175; Effective 8/15/06

Increases the maximum prison term for violations of “simple burglary of a pharmacy” and provides for minimum mandatory sentences (Amends R.S. 14:62.1(B) and (C))
HB 425 Cazayoux; Act 177; Effective 8/15/06

Changes the penalty provisions of the crime of “aggravated rape” relative to the age of the victim [increased from 12 to 13] to conform to the definition of the crime. (Amends R.S. 14:42(D)(2))
HB 435 Geymann; Act 178; Effective 8/15/06

Creates the crime of “aggravated assault upon a utility service employee with a firearm.”Provides penalties of a fine of not more than $2,000 or imprisonment for not less than one year nor more than three years, with or without hard labor, or both. (Adds R.S. 14:37.5)
HB 512 Martiny; Act 79; Effective 8/15/06

Increases the maximum criminal penalties for “molestation of a juvenile.” Increases the maximum term of imprisonment from 15 to 40 years and repeals provision regarding the mandatory 20-year sentence for subsequent convictions. (Amends R.S. 14:81.2(C) and (D)(1); repeals R.S. 14:81.2(D)(4))
HB 561 Smith, Jane H.; Act 36; Effective 8/15/06

Changes the age of the victim relative to the crime of “felony carnal knowledge of a juvenile” from a person who is 12 years of age or older to a person who is 13 years of age or older. The change is required to preclude potential conflicts with persons charged with aggravated rape. (Amends R.S. 14:80(A)(1) and (2))
HB 563 Geymann; Act 80; Effective 8/15/06

Creates the Sex Offender Assessment Panel for the determination of which sex offenders are sexually violent predators requiring lifetime registration and community notification, as well as GPS monitoring by the DPS&C. Applies to any sex offender convicted or released from custody of DPS&C on or after 8/15/06.  (Amends R.S. 14:91.1(D)(2) and R.S. 15:542.1(D), (H)(2), and (M); adds R.S. 15:541(3.1), 542.1(H)(3)(c) and R.S. 15:560-560.4; repeals R.S. 15:542.1(B))
HB 572 Cravins, Jr.; Act 186; Effective 6/2/06

Increases the maximum fine for crime of “simple battery” from $500 to $1,000. (Amends R.S. 14:35)
HB 611Carter, R.; Act 81; Effective 8/15/06

Increases the maximum fine for “theft” of less than $300 from a fine of  $500 to a fine of $1,000. (Amends R.S. 14:67(B)(3))
HB 612Carter, R.; Act 82;Effective 8/15/06

Increases the maximum fine for “illegal possession of stolen things” valued less than $300 from a fine of $500 to a fine of $1,000. (Amends R.S. 14:69(B)(3))
HB 613 Carter, R.; Act 83; Effective 8/15/06

Increases the maximum fine for “simple criminal damage to property” valued less than $500 from a fine of $500 to a fine of $1,000. (Amends R.S. 14:56(B))
HB 614 Carter, R.; Act 84; Effective 8/15/06

Adds second degree robbery, cruelty to juveniles, second degree cruelty to juveniles, and terrorism to the enumeration of aggravating circumstances in capital sentencing provisions. Bill is contingent upon the passage of HB 81  [Act 53; Effective 8/15/06]. (Amends C.Cr.P. Art. 905.4(A)(1))
HB 635 Burns; Act 86; Effective 8/15/06

Gives greater discretion to DPS&C in determining which inmates are eligible for compensation for labor and the amount of that compensation. (Amends R.S. 15:832(B), 871, and 873)
HB 636 Martiny; Act 87; Effective 8/15/06

Provides exception to spousal witness privilege. The privilege does not apply in a criminal case in which one spouse is charged with a crime against the person of the other spouse or a crime against the person of a child including but not limited to the violation of a preliminary or permanent injunction or protective order for those violations of R.S. 14:79. (Amends C.E. Art. 505) 
HB 637 Martiny; Act 191; Effective 8/15/06

Creates the crime of “unauthorized entry of a dwelling during a disaster or emergency.” Penalty is a fine of not more than $1,500 or imprisonment with or without hard labor for not more than one year, or both. (Adds R.S. 14:62.7)
HB 743 Hutter; Act 199; Effective 8/15/06

Provides for the registration of sex offenders. Requires the registration of all residences. Provides for community notification. Makes it a crime to fail to annually update registration and provide proof of address and community notification. (Amends R.S. 15:542(A)(1) and (4), (B)(1)(a), (C), and (F) and 542.1(C)(1), (2), and (5), (I)(1) and (2), (J)(1), and (K)(1) and (3); adds R.S. 15:541(21) and 542(G))
HB 828 Cazayoux; Act 204; Effective 8/15/06

Any sex offender absent from his last address of registration and who is physically present in a different parish for more than 30 consecutive days shall re-register with the sheriff of the new parish in which he is physically present and shall also send written notice, within 10 days after re-registering in the new parish, to the sheriff or the police chief with whom he had previously registered. (Adds R.S. 15:542(B)(7))
HB 857 Baldone; Act 284; Effective 8/15/06

The additional sentence of imprisonment when a firearm is used in an armed robbery or attempted armed robbery must be served at hard labor. (Amends R.S. 14:64.3)
HB 865 Martiny; Act 208; Effective 8/15/06

Upon request, the La. Bureau of Criminal Identification and Information must provide a copy of or make available the most recent central registry of sex offenders to an emergency shelter. Alternative shelter separate and apart from the general population of evacuees must be made available to registered sex offenders. Shelters must report to law enforcement when a registered sex offender is being housed in its facility. Civil and criminal immunity for any person, official, or personnel of a federal or state charitable organization or institution reporting in good faith the name of a registered sex offender housed within their shelter facility. (Amends R.S. 15:545(A); adds R.S. 29:726 (E)(14)(c)-(f))
HB 873 Cazayoux; Act 285; Effective 8/15/06

Creates crime of knowingly “filing a false complaint against a law enforcement officer.” Penalty is a fine of up to $500 or imprisonment for up to 6 months, or both.  (Adds R.S. 14:133.5)
HB 879 Martiny; Act 287; Effective 8/15/06

Creates the crime of “unlawful presence of a sex offender” near a school or park. Applies to any sex offender who is convicted on or after August 15, 2006, or who is released from the custody of the DPS&C on or after August 15, 2006, on the expiration of his sentence, on an order of the Board of Parole, or by virtue of diminution of sentence. (Adds R.S. 14:91.2)
HB 882 Cravins; Act 40; Effective 8/15/06

A person convicted of looting during a state of emergency is not eligible for the benefit of diminution of sentence for good behavior. (Amends R.S. 15:571.3(C)(1)(r) and (s); adds R.S. 15:571.3(C)(1)(t))
HB 1007 Baldone; Act 220; Effective 8/15/06

Increases penalties for vehicular homicide from not less than 2 years nor more than 30 years imprisonment to not less than 5 years nor more than 30 years imprisonment. Increases the minimum mandatory prison sentence from 1 year to 3 years. (Amends R.S. 14:32.1(B))
HB 1043 Greene; Act 284; Effective 6/8/06

Revises penalties for “theft of oil and gas equipment.” The previous maximum penalty of a $50,000 fine or 10 years imprisonment, or both, now applies to theft of $500 or more, but less than $25,000. Adds maximum penalty of $70,000 fine or imprisonment for not less than five years or more than 30 years at hard labor, or both, for theft of $25,000 or more. (Amends R.S. 14:67.9)
HB 1093 Durand; Act 222; Effective 8/15/06

Amends crime of “indecent behavior with juveniles” and adds the transmission of an electronic textual or visual communication depicting lewd or lascivious conduct, text, or images to any person reasonably believed to be under the age of 17 and reasonably believed to be at least 2 years younger than the offender. It is not a defense that the person who actually receives the transmission is not under 17. Evidence seized is treated as contraband. (Amends R.S. 14:81(A) and (C); adds R.S. 14:81(D)-(H))
HB 1125 Dartez; Act 224; Effective 8/15/06

Creates the crime of “harboring or concealing an animal which has bitten or inflicted serious bodily injury on a human.” Requires a health care provider to report a bite or serious bodily injury to the law enforcement or animal control agency, for the location where the bite or injury occurred, within 24 hours. (Adds R.S. 14:102.21)
HB 1153 Hopkins; Act 788; Effective 8/15/06

Requires registration of sex offenders 10 days prior to release from confinement from a state correctional facility. (Amends R.S. 15:542(B) and (D); adds R.S. 15:542(B)(7))
HB 1199 Crowe; Act 791; Effective 8/15/06

Adds crimes of “voyeurism” and “peeping Tom” to the list of offenses which are maintained by the Bureau of Criminal Identification and Information and provided to employers of persons having supervisory or disciplinary authority over children. Requires a teacher or school employee to report to his employer within 48 hours of his conviction or plea of guilty or nolo contendere of certain crimes.  (Amends R.S. 15:587.1(C) and (1); adds R.S. 17:15(E))
HB 1201 Honey; Act 233; Effective 8/15/06

Adds available responsive verdicts for the crime of “aggravated rape” and responsive verdicts for the crime of “aggravated rape of a child under the age of 13.” (Amends C.Cr.P. Art. 814(A)(8); adds C.Cr.P. Art. 814(A)(8.1))
HB 1258  Kleckley; Act 235; Effective 8/15/06

The crime of “assault on a school teacher” includes making statements threatening physical harm to a school teacher. Requires certain disciplinary actions to be taken. (Amends R.S. 14:38.2(A)(2) and R.S. 17:416(A)(1)(c)(vii)(aa), (bb), and (cc))
HB 1260 Powell, Mike; Act 733; Effective 7/1/06

Adds minimum prison sentences to each of the various penalties for the crime of “identity theft” when the victim is 60 years of age or older or disabled. (Amends R.S. 14:67.16(A) and (C))
HB 1335 Glover; Act 241; Effective 8/15/06

Adds elements to the crime of “disturbing the peace” to increase penalties for disturbing the peace at funerals. Provides for a fine of up to $100 or imprisonment up to 6 months, or both. (Amends R.S. 14:103(B); adds R.S. 14:103(A)(7) and (8))
HB 1364

Orders for costs or fines are deemed to be civil money judgments in the same manner as provided for orders for restitution. (Amends C.Cr.P. Art. 895.1(A)(2)(a))
HB 1366 Smith, Jack; Act 502; Effective 8/15/06

Provides for supervised release of certain sex offenders upon release from incarceration. Applies to any person convicted on or after 8/15/06 of a sex offense as defined in R.S. 15:541(14.1) when the victim is under the age of 13 years. Failing to comply with the conditions of supervised release carries a fine up to $1,000 and imprisonment with hard labor for not less than two years nor more than 10 years without benefit of parole, probation, or suspension of sentence. Second or subsequent conviction carries a fine of $3,000 and imprisonment with hard labor for not less than five years nor more than 20 years without benefit of parole, probation, or suspension of sentence. Creates an exception to the five-year limitation on length of probation for supervised release.  (Amends C.Cr.P. Art. 893(A); adds R.S. 15:561-561.7)
HB 1369 Geymann; Act 242; Effective 8/15/06

Law Institute. Provides for special sanity hearings for juveniles transferred to criminal court and for the conducting of those proceedings. (Adds C.Cr.P. Art. 644.1)
HB 1372 Gray; Act 308; Effective 8/15/06

Creates the crime of “prohibited sale of video or computer games to minors.” (Adds R.S. 14:91.14)
HB 1381 Burrell; Act 441; Effective 6/15/06

Increases criminal penalties for certain sexual crimes and offenses involving juveniles under the age of 13. Requires a minimum mandatory sentence of 25 years for convictions of molestation of a juvenile, sexual battery, oral sexual battery, and aggravated sexual battery when the victim is under the age of 13 years. Requires  those offenders, upon the completion of the term of imprisonment, to be electronically monitored by DPS&C for life. Law to be known as “The Mary Jean Thigpen Law.” (Amends R.S. 14:43.1(C), 43.2(C), 43.3(C), 81(C), and 81.1(E); adds R.S. 14:81.2(E))
SB 2 Gautreaux, N.; Act 103; Effective 8/15/06

Increases penalties for the crime of “domestic abuse battery” under certain circumstances. (Amends R.S. 14:35.3(F)(2), (I) and (K))
SB 10 Gautreaux, N.; Act 559; Effective 8/15/06

Prohibits the sale, distribution, or possession of a legend drug without prescription or order. A prescription or order must be issued for a legitimate medical purpose by one authorized to prescribe legend drugs. Excludes a prescription issued to a drug abuser or habitual user of legend drugs not in the course of professional treatment. No person may intentionally acquire a legend drug by misrepresentation, fraud, forgery, deception or subterfuge. Penalty is imprisonment up to 5 years and a fine up to $5,000. (Adds R.S. 40:1238.1, 1238.2, and 1238.3)
SB 48 Fontenot; Act 565; Effective 8/15/06

Increases penalties for illegal manufacture, possession or distribution of methadone. Adds mandatory minimum sentence of 10 years for soliciting a minor to distribute or attempt to distribute methadone. (Amends R.S. 15:574.4(A)(2)(a) and R.S. 40:967(B)(1), (4) and (5) and 981.2(C))
SB 70 Nevers; Act 68; Effective 8/15/06

Creates community resource centers to provide for inmates to assist with disaster and emergency relief. Implementation is subject to appropriation by the legislature or the availability of any appropriate federal funds. (Adds R.S. 15:833.1)
SB 85 Jones; Act 104; Effective 8/15/06

Provides that in the interest of fairness in sentencing the more lenient penalty provisions provided in Act 403 of the 2001 R.S. [repealing mandatory minimum sentences] and Act 45 of the 2002 1st E.S. shall apply to those persons who committed crimes, who were convicted, or who were sentenced prior to June 15, 2001. Eligible persons may apply to the Louisiana Risk Review Panel. (Adds R.S. 15:308)
SB 126 Jones; Act 45; Effective 5/16/06

Good time. Increases the rate at which good time can be earned from 30 days for every 30 days served to 35 days for every 30 days served for eligible offenders. Prohibits earning diminution of sentence for sex offenders. Act prohibits use as any basis for any action by any inmate in the custody of DPS&C to seek release or to seek any type of legal redress. Applies only to persons convicted of offenses on or after 8/15/06. (Amends R.S. 15:571.3(B))
SB 129 Jones; Act 572; Effective 8/15/06

Mandates a 90-day incarceration limit for the first revocation of probation for a technical violation unless waived by the offender. (Amends C.Cr.P. Art. 900(A)(5) and R.S. 15:574.9(B))
SB 180 Jones; Act 113; Effective 8/15/06

Provides for suspension of sentence and probation for certain offenders who enter and complete an approved drug program. (Amends C.Cr.P. Art. 893)
SB 228 Jones; Act 581; Effective 8/15/06

“Aggravated kidnapping of a child” is the unauthorized taking, enticing, or decoying away and removing from a location for an unlawful purpose by any person other than a parent, grandparent, or legal guardian of a child under the age of 13 years  [previously 12 years] with the intent to secret the child from his parent or legal guardian. (Amends R.S. 14:44.2(A))
SB 253 Gautreaux, N.; Act 118; Effective 8/15/06

Adds violent or sexually explicit video games to the crime of “sale, exhibition, or distribution of material harmful to minors.” Requires that the trier of fact determine thatmaterial is harmful to minors if each of the following applies: (1) The material incites or appeals to or is designed to incite or appeal to the prurient, shameful, or morbid interest of minors. (2) The material is offensive to the average adult applying contemporary community standards with respect to what is suitable for minors. (3) The material taken as a whole lacks serious literary, artistic, political, or scientific value for minors. Applies to persons under 18 years instead of under 17. Requires identification prior to selling materials determined harmful to minors. (Amends R.S. 14:91.11(A)(1) and (2), (B), and (D); adds R.S. 14:91.11(A)(4), and (5), and (E))
SB 340 Cain; Act 529; Effective 8/15/06

The rules for post-conviction relief generally require that all applications be filed within two years after the judgment of conviction and sentence have become final. An exception that allows inmates to seek post-conviction DNA testing until 8/31/07 has been extended to 8/31/09. Requires evidence preservation until 8/31/09. (Amends C.Cr.P. Art. 926.1(A)(1) and (H)(3))
SB 401 Jones; Act 120; Effective 8/15/06

The state and the defendant may exercise all peremptory challenges available to either side. The state or the defendant may exercise any remaining peremptory challenge of one or more of the jurors previously accepted. No juror may be sworn in until both parties agree on the jury composition or have exercised all challenges available to them unless otherwise agreed on by the parties. (Adds C.Cr.P. Art. 799.1)
SB 572 Jones; Act 71; Effective 8/15/06

Predator Alert System. Any driver’s license issued to a sex offender who is required to register with the La. Bureau of Criminal Identification and Information must contain a restriction code that the license holder is a sex offender. The license must include the words “sex offender” and be orange in color. Also requires a sex offender to obtain a special identification card declaring that the person is a sex offender. Requires DPS&C to institute a Predator Alert System to require the state police to send alerts, when a sexual predator has been released from jail, to local law enforcement officials and the public for secondary distribution programs of the Predator Alerts. (Adds R.S. 15:587(A)(1)(e), R.S. 32:412(I), and R.S. 40:1321(J), and 2528)
SB 612 Mount; Act 663; Effective See Act