Louisiana 2010 2010 Regular Session

Louisiana House Bill HB1459 Introduced / Bill

                    HLS 10RS-2881	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1459         (Substitute for House Bill No. 533 by Representative Mills)
BY REPRESENTATIVE MILLS
CRIMINAL/PROCEDURE: Amends time limitations for instituting prosecution for the
crime of exploitation of the infirmed
AN ACT1
To enact Code of Criminal Procedure Article 573.1, relative to time limitations for initiating2
prosecutions; to provide relative to time limitations in which to institute prosecution3
for the crime of exploitation of the infirmed; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Criminal Procedure Article 573.1 is hereby enacted to read as6
follows: 7
Art. 573.1.  Running of time limitations; exception; exploitation of the infirmed8
The time limitations established by Article 572 shall not commence to run9
as to the crime of exploitation of the infirmed (R.S. 14:93.4) until the crime is10
discovered by a competent victim, or in the case of an incompetent victim, by a11
competent third person. 12
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)]
Mills	HB No. 1459
Abstract: Provides for an exception to the general time limitations in which to institute
prosecution of a crime for the crime of exploitation of the infirmed.
Present law provides that no person shall be prosecuted, tried, or punished for an offense not
punishable by death or life imprisonment, unless the prosecution is instituted within the HLS 10RS-2881	ORIGINAL
HB NO. 1459
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
following periods of time after the offense has been committed:
(1)Six years, for a felony necessarily punishable by imprisonment at hard labor.
(2)Four years, for a felony not necessarily punishable by imprisonment at hard labor.
(3)Two years, for a misdemeanor punishable by a fine, or imprisonment, or both.
(4)Six months, for a misdemeanor punishable only by a fine or forfeiture.
Proposed law provides for an exception to these present law time limitations for the crime
for exploitation of the infirmed, which shall not commence to run until the crime is
discovered by a competent victim, or in the case of an incompetent victim, by a competent
third person.
(Adds C.Cr.P. Art. 573.1)