Louisiana 2010 Regular Session

Louisiana House Bill HB533 Latest Draft

Bill / Introduced Version

                            HLS 10RS-1469	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. 533
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(5), relative to time limitations for2
initiating prosecutions; to provide relative to time limitations in which to institute3
prosecution for the crime of exploitation of the infirmed; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  Code of Criminal Procedure Article 573(5) is hereby enacted to read as7
follows: 8
Art. 573.  Running of time limitations; exception 9
The time limitations established by Article 572 shall not commence to run10
as to the following offenses until the relationship or status involved has ceased to11
exist when: 12
*          *          *13
(5)  The offense charged is exploitation of the infirmed (R.S. 14:93.4).14 HLS 10RS-1469	ORIGINAL
HB NO. 533
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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. 533
Abstract: Provides relative to the time limitations in which to institute prosecution of a
case involving 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
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.
Present law provides that for the following offenses, these present law time periods for
instituting prosecution shall be suspended until the relationship or status involved has ceased
to exist: 
(1)The offense charged is based on the misappropriation of any money or thing of value
by one who, by virtue of his office, employment, or fiduciary relationship, has been
entrusted therewith or has control thereof.
(2)The offense charged is extortion or false accounting committed by a public officer
or employee in his official capacity.
(3)The offense charged is public bribery.
(4)The offense charged is aggravated battery (R.S. 14:34) and the victim is under 17
years of age.
Proposed law adds the offense of exploitation of the infirmed (R.S. 14:93.4) to the list of
offenses for which the present law time periods for instituting prosecution shall be
suspended until the relationship or status involved has ceased to exist.
(Adds C.Cr.P. Art. 573(5))