Louisiana 2010 2010 Regular Session

Louisiana House Bill HB315 Introduced / Bill

                    HLS 10RS-182	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. 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
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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)