HLS 10RS-1777 ENGROSSED Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2010 HOUSE BILL NO. 945 BY REPRESENTATIVE LEGER CRIME/THEFT: Provides changes to the crime of unauthorized use of a movable and responsive verdicts for unauthorized use of a movable AN ACT1 To amend and reenact R.S. 14:68(B) and Code of Criminal Procedure Article 814(A)(26)2 and (27), relative to the unauthorized use of a movable; to change elements of the3 crime regarding the value of the movable; to provide changes in responsive verdicts4 regarding unauthorized use of a movable; and to provide for related matters.5 Be it enacted by the Legislature of Louisiana:6 Section 1. R.S. 14:68(B) is hereby amended and reenacted to read as follows: 7 ยง68. Unauthorized use of a movable8 * * *9 B. Whoever commits the crime of unauthorized use of a movable having a10 value of one thousand five hundred dollars or less shall be fined not more than five11 hundred dollars, or imprisoned for not more than six months, or both. Whoever12 commits the crime of unauthorized use of a movable having a value in excess of one13 thousand five hundred dollars shall be fined not more than five thousand dollars, or14 imprisoned with or without hard labor for not more than five years, or both.15 Section 2. Code of Criminal Procedure Article 814(A)(26) and (27) are hereby16 amended and reenacted to read as follows:17 Art. 814. Responsive verdicts; in particular18 A. The only responsive verdicts which may be rendered when the indictment19 charges the following offenses are:20 * * *21 HLS 10RS-1777 ENGROSSED HB NO. 945 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 26. Theft:1 Guilty of theft of property having a value of five hundred dollars or more.2 Guilty of theft of property having a value of three hundred dollars or more,3 but less than five hundred dollars.4 Guilty of theft of property having a value of less than three hundred dollars.5 Guilty of attempted theft of property having a value of five hundred dollars6 or more.7 Guilty of attempted theft of property having a value of three hundred dollars8 or more, but less than five hundred dollars.9 Guilty of attempted theft of property having a value of less than three10 hundred dollars.11 Guilty of unauthorized use of movables having a value in excess of one12 thousand five hundred dollars, but only if a value in excess of one thousand dollars13 is stated in the indictment.14 Guilty of unauthorized use of movables having a value of one thousand five15 hundred dollars or less.16 Not guilty.17 27. Attempted Theft:18 Guilty of attempted theft of property having a value of five hundred dollars19 or more.20 Guilty of attempted theft of property having a value of three hundred dollars21 or more, but less than five hundred dollars.22 Guilty of attempted theft of property having a value of less than three23 hundred dollars.24 Guilty of attempted unauthorized use of movables having a value of less than25 one hundred dollars.26 Guilty of attempted unauthorized use of movables having a value in excess27 of one thousand five hundred dollars, but only if a value in excess of one thousand28 dollars is stated in the indictment.29 HLS 10RS-1777 ENGROSSED HB NO. 945 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Guilty of attempted unauthorized use of movables having a value of one1 thousand five hundred dollars or less.2 Not guilty.3 * * *4 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)] Leger HB No. 945 Abstract: Changes the threshold value for felony and misdemeanor offenses involving the unauthorized use of a movable. Present law provides for the crime of unauthorized use of a movable. Present law further provides that whoever commits the crime of unauthorized use of a movable having a value of $1,000 or less shall be fined not more than $500, imprisoned for not more than six months, or both. Whoever commits the crime of unauthorized use of a movable having a value in excess of $1,000 shall be fined not more than $5,000, imprisoned with or without hard labor for not more than five years, or both. Proposed law changes the value of the movable from $1,000 to $500 and otherwise retains the penalty provisions of present law. Present law provides responsive verdicts for theft and attempted theft. Present law provides that the following are responsive verdicts for theft and attempted theft: guilty of unauthorized use of movables having a value in excess of $1,000 but only if a value in excess of $1,000 is stated in the indictment, or guilty of unauthorized use of movables having a value of $1,000 or less. Proposed law changes the amount from $1,000 to $500 and removes the requirement that the amount of the movable be specified in the indictment. (Amends R.S. 14:68(B) and C.Cr.P. Art. 814(A)(26) and (27)) Summary of Amendments Adopted by House Committee Amendments Proposed by House Committee on Administration of Criminal Justice to the original bill. 1. Made technical change only.