HLS 10RS-541 ENGROSSED
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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. 377
BY REPRESENTATIVE WOOTON
CORRECTIONS: Provides with respect to malfeasance in office committed by volunteers
and contract workers of DPS&C
AN ACT1
To amend and reenact R.S. 14:134.1(A) and to enact R.S. 14:134.1(C), relative to2
malfeasance in office; to provide with respect to malfeasance in office involving3
prohibited sexual conduct; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 14:134.1(A) is hereby amended and reenacted and R.S. 14:134.1(C)6
is hereby enacted to read as follows: 7
ยง134.1. Malfeasance in office; sexual conduct prohibited with persons sentenced to8
in the custody and supervision of the Department of Public Safety and9
Corrections10
A. It shall be unlawful and constitute malfeasance in office for any person11
who is a law enforcement officer, officer of the Department of Public Safety and12
Corrections, or employee of any prison, jail, or correctional institution, or persons13
employed by entities operating work-release facilities of the Department of Public14
Safety and Corrections, of the following persons to engage in sexual intercourse or15
any other sexual conduct with a person who is under their supervision and who is16
confined in a prison, jail, work-release work release facility, or correctional17
institution, or who is under the supervision of the division of probation and parole.18
parole:19
(1) A law enforcement officer.20 HLS 10RS-541 ENGROSSED
HB NO. 377
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) An officer, employee, contract worker, or volunteer of the Department1
of Public Safety and Corrections or any prison, jail, work release facility, or2
correctional institution.3
* * *4
C. For purposes of this Section, "law enforcement officer" shall include5
commissioned police officers, sheriffs, deputy sheriffs, marshals, deputy marshals,6
correctional officers, constables, wildlife enforcement agents, state park wardens,7
and probation and parole officers.8
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)]
Wooton HB No. 377
Abstract: Redefines the crime of malfeasance in office to include sexual conduct
committed by volunteers and contract workers of DPS&C.
Present law provides that it is unlawful and constitutes malfeasance in office for any person
who is a law enforcement officer, an employee of DPS&C, an employee of any prison, jail,
or correctional institution, or any person employed by entities operating work release
facilities of DPS&C, to engage in sexual conduct with persons under their supervision.
Proposed law retains present law and also prohibits volunteers and contract workers of
DPS&C from engaging in sexual conduct with persons sentenced to their custody.
Proposed law provides that "law enforcement officer" shall include commissioned police
officers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers,
constables, wildlife enforcement agents, state park wardens, and probation and parole
officers.
(Amends R.S. 14:134.1(A); Adds R.S. 14:134.1(C))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Made technical changes only.