Louisiana House Bill HB197

Louisiana 2011 Regular Session

• Introduced: 4/25/11
• Refer: 4/25/11

Caption

Amends the crime of second degree murder (OR INCREASE GF EX See Note)

Impact

If passed, the bill would amend R.S. 14:30.1(A)(2) to specify that involvement in flight from law enforcement can lead to charges of second degree murder, even if the accused did not intend to commit murder or inflict serious bodily harm. This addition is significant as it may lead to more severe consequences for individuals engaged in criminal activities who attempt to evade arrest, reflecting a tougher stance on crime and the responsibilities that come with engaging in illegal actions in the presence of law enforcement.

Summary

House Bill 197, known as the Mariah Woods Act, proposes an amendment to the legal definition of second degree murder in Louisiana. This bill expands the criteria under which an individual can be charged with second degree murder by including instances where the offender is engaged in flight from an officer or aggravated flight from an officer. The bill seeks to enhance the legal framework surrounding violent crimes and aims to deter potential offenders by broadening the scope of accountability for actions taken during such encounters with law enforcement.

Sentiment

The sentiment surrounding HB 197 appears to be in favor of enhancing public safety by supporting law enforcement efforts in apprehending suspects more effectively. Supporters argue that this measure is necessary to address the rising concerns regarding violent crime and the implications of offenders fleeing from justice. However, there may be concerns regarding the balance between effective law enforcement and ensuring due process rights for individuals, particularly in how broadly 'flight from an officer' is defined and applied.

Contention

Notable points of contention may emerge concerning the implications of altering the definition of second degree murder. Critics could argue that the bill may disproportionately affect individuals fleeing for minor offenses and raise concerns about potential abuses of power by law enforcement. The expansion of this legal definition necessitates careful consideration of the consequences for both public safety and individual rights to ensure that it does not lead to unjust outcomes in the criminal justice system.