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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, DORSEY AND MARI ONNEAUX
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 under certain circumstances;3
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
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(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 was prepared by Thomas L. Tyler. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Jeanne Johnston.
DIGEST
Morrell (SB 375)
Present law defines "crime of violence" as an offense that has, as an element, attempted use,
or threatened use of physical force against the person or property of another, and that by its
very nature, involves a substantial risk that physical force against the person or property of
another may be used in the course of committing the offense or an offense that involves the
possession or use of a dangerous weapon.
Proposed law includes "home invasion" as a crime of violence.
Present law defines "home invasion" as the unauthorized entering of any inhabited dwelling,
or other structure belonging to another and used in whole or in part as a home or place of
abode by a person, where a person is present, with the intent to use force or violence upon
the person of another or to vandalize, deface, or damage the property of another. P rovides
a penalty for committing the crime of home invasion of a fine of not more than $5,000 and
imprisonment at hard labor for not less than five nor more than 20 years. Further provides
that at least five years of the sentence imposed shall be served without benefit of parole,
probation, or suspension of sentence.
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 12 years, is 65 or older, or is developmental disabled, be fined not more
than $10,000 and be imprisoned for not less than 10 nor more than 25 years and requires that
at least 10 years of the sentence imposed shall be served without benefit of parole, probation,
or suspension of sentence.
Proposed law removes the age parameters specified in present law and makes the greater
penalties apply if there is any person present in the dwelling at the time of unauthorized SB NO. 375
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
entering. Further provides that imprisonment be served at hard labor.
Effective August 15, 2010.
(Amends R.S. 14:62.8(B)(2); adds R.S. 14:2(B)(42))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Removes age parameters and makes the greater penalty applicable if any
person is present in the dwelling at the time of the home invasion.