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Regular Session, 2010
HOUSE BILL NO. 138
BY REPRESENTATIVES CONNICK, LABRUZZO, LEGER, LIGI, AND LOPINTO AND
SENATOR QUINN
CRIME: Provides for restitution and disgorgement of profits
AN ACT1
To amend and reenact R.S. 14:118(C), 120(B), 133(C), 134, 134.3(B), 138(C), and 140(B)2
and to enact R.S. 9:2790.5 and 2790.6 and R.S. 14:140(C), relative to crime; to3
provide for restitution to the state upon conviction of certain crimes; to provide for4
the disgorgement of profits gained through the commission of certain crimes; to5
provide for definitions; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 14:118(C), 120(B), 133(C), 134, 134.3(B), 138(C), and 140(B) are8
hereby amended and reenacted and R.S. 14:140(C) is hereby enacted to read as follows: 9
§118. Public bribery10
* * *11
C.(1) Whoever commits the crime of public bribery shall be fined not more12
than one thousand dollars, or imprisoned, with or without hard labor, for not more13
than five years, or both.14
(2) In addition to the penalty provided for in Paragraph (1) of this15
Subsection, a person convicted of the provisions of this Section may be ordered to16
pay restitution to the state if the state suffered a loss as a result of the offense.17
Restitution shall include the payment of legal interest at the rate provided in R.S.18
13:4202.19
* * *20
§120. Corrupt influencing21 HLS 10RS-290 ENGROSSED
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B.(1) Whoever commits the crime of corrupt influencing shall be imprisoned2
for not more than ten years with or without hard labor or shall be fined not more than3
ten thousand dollars, or both.4
(2) In addition to the penalty provided for in Paragraph (1) of this5
Subsection, a person convicted of the provisions of this Section may be ordered to6
pay restitution to the state if the state suffered a loss as a result of the offense.7
Restitution shall include the payment of legal interest at the rate provided in R.S.8
13:4202.9
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§133. Filing or maintaining false public records11
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C.(1) Whoever commits the crime of filing false public records shall be13
imprisoned for not more than five years with or without hard labor or shall be fined14
not more than five thousand dollars, or both. 15
(2) In addition to the penalty provided for in Paragraph (1) of this16
Subsection, a person convicted of the provisions of this Section may be ordered to17
pay restitution to the state if the state suffered a loss as a result of the offense.18
Restitution shall include the payment of legal interest at the rate provided in R.S.19
13:4202.20
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§134. Malfeasance in office22
A. Malfeasance in office is committed when any public officer or public23
employee shall:24
(1) Intentionally refuse or fail to perform any duty lawfully required of him,25
as such officer or employee; or26
(2) Intentionally perform any such duty in an unlawful manner; or27 HLS 10RS-290 ENGROSSED
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(3) Knowingly permit any other public officer or public employee, under his1
authority, to intentionally refuse or fail to perform any duty lawfully required of him,2
or to perform any such duty in an unlawful manner.3
B. Any duty lawfully required of a public officer or public employee when4
delegated by him to a public officer or public employee shall be deemed to be a5
lawful duty of such public officer or employee. The delegation of such lawful duty6
shall not relieve the public officer or employee of his lawful duty.7
C.(1) Whoever commits the crime of malfeasance in office shall be8
imprisoned for not more than five years with or without hard labor or shall be fined9
not more than five thousand dollars, or both.10
(2) In addition to the penalty provided for in Paragraph (1) of this11
Subsection, a person convicted of the provisions of this Section may be ordered to12
pay restitution to the state if the state suffered a loss as a result of the offense.13
Restitution shall include the payment of legal interest at the rate provided in R.S.14
13:4202.15
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§134.3. Abuse of office17
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B.(1) Whoever violates the provisions of this Section shall be fined up to19
five thousand dollars, or be imprisoned with or without hard labor for not less than20
one year nor more than five years.21
(2) In addition to the penalty provided for in Paragraph (1) of this22
Subsection, a person convicted of the provisions of this Section may be ordered to23
pay restitution to the state if the state suffered a loss as a result of the offense.24
Restitution shall include the payment of legal interest at the rate provided in R.S.25
13:4202.26
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§138. Public payroll fraud1
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C.(1) Whoever commits the crime of public payroll fraud shall be fined not3
more than one thousand dollars, or imprisoned, with or without hard labor, for not4
more than two years, or both.5
(2) In addition to the penalty provided for in Paragraph (1) of this6
Subsection, a person convicted of the provisions of this Section may be ordered to7
pay restitution to the state if the state suffered a loss as a result of the offense.8
Restitution shall include the payment of legal interest at the rate provided in R.S.9
13:4202.10
* * *11
§140. Public contract fraud12
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B. The fact that an expenditure has been made to any party named in14
Paragraphs (1) and (2) of Subsection A of this Section, or to any partnership of15
which he is a member, or to any corporation of which he is an officer, stockholder,16
or director, shall be presumptive evidence that such person has used his power,17
position, or influence to secure such expenditure. 18
B. C.(1) Whoever commits the crime of public contract fraud shall be fined19
not more than one thousand dollars, or imprisoned, with or without hard labor, for20
not more than two years, or both. 21
(2) In addition to the penalty provided for in Paragraph (1) of this22
Subsection, a person convicted of the provisions of this Section may be ordered to23
pay restitution to the state if the state suffered a loss as a result of the offense.24
Restitution shall include the payment of legal interest at the rate provided in R.S.25
13:4202.26
Section 2. R.S. 9:2790.5 and 2790.6 are hereby enacted to read as follows:27 HLS 10RS-290 ENGROSSED
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CODE TITLE V--OF QUASI CONTRACTS, AND OF OFFENSES1
AND QUASI OFFENSES2
CHAPTER 1. OF QUASI CONTRACTS (BLANK) DISGORGEMENT3
§2790.5. Legislative intent4
The purpose of this Chapter is to provide a civil remedy for the state to5
recover profits obtained through the commission of certain criminal offenses.6
Offenses committed against the state cause monetary damage to the state and violate7
the public trust. To prevent unjust enrichment, the state is hereby authorized to bring8
an action to recover profits, gains, or other benefits obtained through such criminal9
activity.10
§2790.6. Disgorgement11
A. The state may bring an action for damages against any person who has12
been convicted of the provisions of R.S. 14:118, 120, 133, 134, 134.3, 138, or 14013
to recover the value of any profits, gains, or other benefits obtained through the14
commission of these crimes. Damages shall include the payment of legal interest at15
the rate provided in R.S. 13:4202.16
B. For purposes of this Section, "state" means the state of Louisiana, or any17
parish, municipality, district, or other political subdivision thereof, or any agency,18
board, commission, department, or institution of the state, parish, municipality,19
district, or other political subdivision.20
Section 3. This Act shall become effective on August 15, 2011.21
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Connick HB No. 138
Abstract: Provides that persons convicted of public bribery, corrupt influencing, filing or
maintaining false public records, malfeasance in office, abuse of office, public
payroll fraud, and public contract fraud may be ordered to pay restitution to the state
if the state suffered a loss as a result of the offense, and authorizes the state to file a
civil action for damages against the perpetrators of these crimes. HLS 10RS-290 ENGROSSED
HB NO. 138
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Present law defines the crimes of public bribery, corrupt influencing, filing or maintaining
false public records, malfeasance in office, abuse of office, public payroll fraud, and public
contract fraud. Provides for criminal penalties for each of these offenses.
Proposed law retains present law. In addition to present law criminal penalties, proposed
law authorizes courts to order restitution to the state if the state suffered a loss as a result of
the offense. Provides that restitution shall include the payment of legal interest.
Proposed law authorizes the state to bring an action for damages against any person who has
been convicted of the crimes of public bribery, corrupt influencing, filing or maintaining
false public records, malfeasance in office, abuse of office, public payroll fraud, and public
contract fraud to recover the value of any profits, gains, or other benefits obtained through
the commission of these crimes. Provides that damages shall include the payment of legal
interest.
Proposed law defines "state".
Effective Aug. 15, 2011.
(Amends R.S. 14:118(C), 120(B), 133(C), 134, 134.3(B), 138(C), and 140(B); Adds R.S.
9:2790.5 and 2790.6 and R.S. 14:140(C))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Added effective date of Aug. 15, 2011.
2. Clarified that the state may bring an action to recover the value of any profits,
gains, or other benefits obtained through the commission of the crimes.