HLS 10RS-182 ORIGINAL Page 1 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2010 HOUSE BILL NO. 315 BY REPRESENTATIVE LANDRY LAW ENFORCEMENT: Creates the crime of communicating false information to a law enforcement officer attempting to serve a protective order AN ACT1 To enact R.S. 14:133.6, relative to offenses affecting the public; to create the crime of2 communicating false information to a law enforcement officer attempting to serve3 a temporary restraining order or protective order; to provide for definitions; to4 provide for criminal penalties; and to provide for related matters.5 Be it enacted by the Legislature of Louisiana:6 Section 1. R.S. 14:133.6 is hereby enacted to read as follows: 7 ยง133.6. Communicating false information to a law enforcement officer attempting8 to serve a protective order9 A. It shall be unlawful for any person to make a false or misleading10 statement to a law enforcement officer while the officer is attempting to locate a11 person or residence for the purpose of serving a protective order when the offender:12 (1) Knows that the statement is false or misleading; and13 (2) Has the intent to mislead the officer as to the identity of the person, the14 whereabouts of the person, or the residence of the person the officer is attempting to15 serve, or to otherwise thwart the service of a protective order.16 B. For purposes of this Section:17 (1) "Officer" means any peace officer, as defined in R.S. 40:2402, and18 includes deputy sheriffs, municipal police officers, probation and parole officers, city19 marshals and deputies while acting in their official capacity.20 HLS 10RS-182 ORIGINAL HB NO. 315 Page 2 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (2) "Protective order" means temporary restraining orders, protective orders,1 preliminary injunctions, permanent injunctions, and court-approved consent2 agreements resulting from actions brought pursuant to R.S. 46:2131 et seq., R.S.3 46:2151, R.S. 9:361 et seq., R.S. 9:372, Children's Code Article 1564 et seq., or4 Code of Civil Procedure Article 3607.1, or peace bonds pursuant to Code of5 Criminal Procedure Article 30(B), or as part of the disposition, sentence, or bail6 condition of a criminal matter pursuant to Code of Criminal Procedure Article 327.17 or Article 871.1 when such order is issued for the purpose of preventing violent or8 threatening acts or harassment against, contact or communication with, or physical9 proximity to, another person to prevent domestic abuse or dating violence.10 C. Whoever violates the provisions of this Section shall be fined not more11 than five hundred dollars, imprisoned for not more than six months, or both.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)] Landry HB No. 315 Abstract: Prohibits persons from providing false information to law enforcement during the service of a protective order. Proposed law prohibits any person from making a false or misleading statement to a law enforcement officer attempting to serve a protective order when the person: (1)Knows that the statement is false or misleading; and (2)Has the intent to mislead the officer as to the identity of the person, the whereabouts of the person, or the residence of the person the officer is attempting to serve, or to otherwise thwart the service of a protective order. Proposed law defines "officer" and "protective order". Proposed law provides for the following criminal penalties: a fine of not more than $500, imprisonment for not more than six months, or both. (Adds R.S. 14:133.6)