SLS 10RS-747 ENGROSSED
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 375
BY SENATORS MORRELL, CROWE AND DORSEY
CRIME/PUNISHMENT. Provides for the crime of home invasion. (8/15/10)
AN ACT1
To amend and reenact R.S. 14:62.8(B)(2) and to enact R.S. 14:2(B)(42), relative to the crime2
of home invasion; to provide for penalties at hard labor for under certain3
circumstances; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 14:62.8(B)(2) is hereby amended and reenacted and R.S. 14:2(B)(42)6
is hereby enacted to read as follows: 7
§2. Definitions8
* * *9
B. In this Code, "crime of violence" means an offense that has, as an element,10
the use, attempted use, or threatened use of physical force against the person or11
property of another, and that, by its very nature, involves a substantial risk that12
physical force against the person or property of another may be used in the course13
of committing the offense or an offense that involves the possession or use of a14
dangerous weapon. The following enumerated offenses and attempts to commit any15
of them are included as "crimes of violence":16
* * *17 SB NO. 375
SLS 10RS-747 ENGROSSED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(42) Home invasion1
* * *2
§62.8. Home invasion3
* * *4
B.(1) * * *5
(2) Whoever commits the crime of home invasion when, at the time of the6
unauthorized entering, there is present in the dwelling or structure any person who7
is under the age of twelve years, is sixty-five years of age or older, or who has a8
developmental disability as defined in R.S. 28:451.2, shall be fined not more than ten9
thousand dollars and shall be imprisoned at hard labor for not less than ten nor10
more than twenty-five years; at least ten years of the sentence imposed shall be11
served without benefit of parole, probation, or suspension of sentence.12
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Thomas L. Tyler.
DIGEST
Morrell (SB 375)
Present law requires that whoever commits the crime of home invasion when, at the time of
the unauthorized entering, there is present in the dwelling or structure any person who is
under the age of twelve years, is 65 of age or older, or is developmental disabled, be fined
not more than $10,000 and be imprisoned for not less than ten nor more than 25 years and
requires that at least ten years of the sentence imposed shall be served without benefit of
parole, probation, or suspension of sentence. Proposed law retains these provisions but
requires that imprisonment be served at hard labor.
Proposed law includes home invasion as a crime of violence.
Effective August 15, 2010.
(Amends R.S. 14:62.8(B)(2); adds R.S. 14:2(B)(42))