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Regular Session, 2010
HOUSE BILL NO. 138
BY REPRESENTATIVES CONNICK, LABRUZZO, LEGER, LIGI, AND LOPINTO AND
SENATORS ALARIO, BROOME, CHEEK, DORSEY, DUPLESSIS, JACKSON,
LAFLEUR, LONG, MARTINY, MORRELL, MURRAY, PETERSON, QUI NN,
SHAW, AND THOMPSON
AN ACT1
To amend and reenact R.S. 14:118(C), 120(B), 133(C), 134, 134.3(B), 138(C), and 140 and2
to enact R.S. 9:2790.5 and 2790.6, relative to crime; to provide for restitution to the3
state upon conviction of certain crimes; to provide for the disgorgement of profits4
gained through the commission of certain crimes; to provide for definitions; and to5
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 are8
hereby amended and reenacted 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
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§120. Corrupt influencing1
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B.(1) Whoever commits the crime of corrupt influencing shall be imprisoned3
for not more than ten years with or without hard labor or shall be fined not more than4
ten thousand dollars, 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
§133. Filing or maintaining false public records12
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C.(1) Whoever commits the crime of filing false public records shall be14
imprisoned for not more than five years with or without hard labor or shall be fined15
not more than five thousand dollars, or both. 16
(2) In addition to the penalty provided for in Paragraph (1) of this17
Subsection, a person convicted of the provisions of this Section may be ordered to18
pay restitution to the state if the state suffered a loss as a result of the offense.19
Restitution shall include the payment of legal interest at the rate provided in R.S.20
13:4202.21
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§134. Malfeasance in office23
A. Malfeasance in office is committed when any public officer or public24
employee shall:25
(1) Intentionally refuse or fail to perform any duty lawfully required of him,26
as such officer or employee; or27
(2) Intentionally perform any such duty in an unlawful manner; or28 ENROLLEDHB NO. 138
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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
* * *16
§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
A. Public contract fraud is committed: 13
(1) When any public officer or public employee shall use his power or14
position as such officer or employee to secure any expenditure of public funds to15
himself, or to any partnership of which he is a member, or to any corporation of16
which he is an officer, stockholder, or director or. 17
(2) When any member of any public board, body, or commission charged18
with the custody, control, or expenditure of any public funds votes for or uses his19
influence to secure any expenditure of such funds to himself, or to any partnership20
of which he is a member, or to any corporation of which he is an officer, director, or21
stockholder.22
(3) When any sheriff charged with the duties of enforcing the laws of this23
state or any political subdivision thereof shall enter into a contract, either written or24
oral, individually or as a member or stockholder of any partnership, company, or25
corporation, with any such person whereby such sheriff or partnership, company, or26
corporation, of which he is a member or stockholder is to perform any services of a27
law enforcement nature; provided, however, a deputy sheriff may, as an employee28
only, perform services of a law enforcement nature for any person, partnership,29 ENROLLEDHB NO. 138
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company, or corporation, but only if said the deputy sheriff fulfills his employee1
performance requirements while not on official duty.2
B. The fact that an expenditure has been made to any party named in3
Paragraphs (1) and (2) of Subsection A of this Section, or to any partnership of4
which he is a member, or to any corporation of which he is an officer, stockholder,5
or director, shall be presumptive evidence that such person has used his power,6
position, or influence to secure such expenditure. 7
B. C.(1) Whoever commits the crime of public contract fraud shall be fined8
not more than one thousand dollars, or imprisoned, with or without hard labor, for9
not more than two years, 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
Section 2. R.S. 9:2790.5 and 2790.6 are hereby enacted to read as follows:16
CODE TITLE V--OF QUASI CONTRACTS, AND OF OFFENSES17
AND QUASI OFFENSES18
CHAPTER 1. OF QUASI CONTRACTS (BLANK) DISGORGEMENT19
§2790.5. Legislative intent20
The purpose of this Chapter is to provide a civil remedy for the state to21
recover profits obtained through the commission of certain criminal offenses.22
Offenses committed against the state cause monetary damage to the state and violate23
the public trust. To prevent unjust enrichment, the state is hereby authorized to bring24
an action to recover profits, gains, or other benefits obtained through such criminal25
activity.26
§2790.6. Disgorgement27
A. The state may bring an action for damages against any person who has28
been convicted of the provisions of R.S. 14:118, 120, 133, 134, 134.3, 138, or 14029
to recover the value of any profits, gains, or other benefits obtained through the30 ENROLLEDHB NO. 138
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commission of these crimes. Damages shall include the payment of legal interest at1
the rate provided in R.S. 13:4202.2
B. For purposes of this Section, "state" means the state of Louisiana, or any3
parish, municipality, district, or other political subdivision thereof, or any agency,4
board, commission, department, or institution of the state, parish, municipality,5
district, or other political subdivision.6
Section 3. This Act shall become effective on August 15, 2011.7
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: