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Regular Session, 2011
SENATE BILL NO. 270 (Substitute of Senate Bill No. 247 by Senator Willard-Lewis)
BY SENATOR WILLARD-LEWIS
CRIME/PUNISHMENT. Provides relative to offenses affecting the public safety. (8/15/11)
AN ACT1
To enact R.S. 30:2531.1 (D), relative to offenses affecting the public safety; to provide for2
statewide litter reduction; to provide for criminal penalties; to provide for exceptions;3
and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 30:2531.1 (D) is hereby enacted to read as follows: 6
ยง2531.1. Gross littering prohibited; criminal penalties; indemnification7
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D.(1) Whoever violates the provisions of this Section shall, upon first9
conviction, be fined not less than five hundred dollars nor more than one thousand10
dollars and sentenced to serve eight hours of community service in a litter abatement11
work program as approved by the court.12
(2) Upon second conviction, an offender shall be fined not less than one13
thousand dollars nor more than two thousand five hundred dollars and sentenced to14
serve twenty-four hours of community service in a litter abatement work program15
as approved by the court.16
(3) Upon third or subsequent conviction, an offender shall be fined not less17 SB NO. 270
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
than one thousand five hundred dollars nor more than five thousand dollars, have his1
motor vehicle driver's license suspended for one year, be imprisoned for not more2
than thirty days, or sentenced to serve not less than forty-eight and not more than one3
hundred hours in a litter abatement work program as approved by the court, or all or4
any combination of the aforementioned penalties.5
(4) The judge may require an individual convicted of a violation of this6
Section to remove litter from state highways, public rights-of-way, public7
playgrounds, public parks, or other appropriate locations for any prescribed period8
of time in lieu of the penalties prescribed in this Section.9
(5)(a) In addition, if the litter is disposed of from a motor vehicle, boat,10
or conveyance, the judge may order that the motor vehicle, boat, or conveyance11
being driven by the offender at the time of the offense may be seized and12
impounded, and sold at auction in the same manner and under the same13
conditions as executions of writ of seizures and sale as provided in Book V, Title14
II, Chapter 4 of the Code of Civil Procedure.15
(b) The vehicle shall be exempt from seizure and sale if it was stolen. It16
shall also be exempt from sale if all towing and storage fees are paid by a valid17
lien holder.18
(c) The proceeds of the sale shall first be used to pay court costs and19
towing and storage costs, and the remainder shall be allocated as follows: thirty20
percent of the funds shall go to the investigative agency, twenty percent to the21
indigent defender board, twenty percent to the prosecuting district attorney,22
and thirty percent to the Louisiana Department of Environmental Quality.23
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michael Bell.
DIGEST
Willard-Lewis (SB 270)
Present law provides that no person will intentionally dispose or permit the disposal of any
household or office furniture or appliances, automotive parts, including but not limited to
tires and engines, trailers, boats and boating accessories, tools and equipment, building SB NO. 270
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words in boldface type and underscored are additions.
materials, roofing nails, and bags or boxes of household or office garbage or refuse upon any
public place in the state, upon private property in this state not owned by him, upon property
located in rural areas in this state not owned by him, or in or on the waters of this state,
whether from a vehicle or otherwise, including but not limited to any public highway, public
right-of-way, public park, beach, campground, forest land, recreational area, trailer park,
highway, road, street, or alley, except when such property is designated by the state or by
any of its agencies or political subdivisions for the disposal of such items and such person
is authorized to use such property for such purpose.
Present law provides for the following penalties:
(1)Upon a first conviction, the offender will be fined not less than $500 dollars nor
more than $1,000 dollars and sentenced to serve eight hours of community service
in a litter abatement work program as approved by the court.
(2)Upon a second conviction, an offender will be fined not less than $1,000 dollars nor
more than $2,500 dollars and sentenced to serve 24 hours of community service in
a litter abatement work program as approved by the court.
(3)Upon a third or subsequent conviction, an offender will be fined not less than $1,500
dollars nor more than $5,000 dollars, have his motor vehicle driver's license
suspended for one year, be imprisoned for not more than 30 days, or sentenced to
serve not less than 48 hours and not more than 100 hours in a litter abatement work
program as approved by the court, or all or any combination of the aforementioned
penalties.
(4)The judge may require an individual convicted to remove litter from state highways,
public rights-of-way, public playgrounds, public parks, or other appropriate locations
for any prescribed period of time in lieu of the penalties prescribed in law.
Proposed law retains present law and provides that if the litter is disposed of from a motor
vehicle, boat, or conveyance, the judge may order that the motor vehicle, boat, or
conveyance being driven by the offender at the time of the offense may be seized and
impounded, and sold at auction in the same manner and under the same conditions as
executions of writ of seizures and sale as provided in Book V, Title II, Chapter 4 of the Code
of Civil Procedure. The vehicle will be exempt from seizure and sale if it was stolen.
Proposed law provides for the proceeds of the sale to first be used to pay court costs and
towing and storage costs, and the remainder will be allocated as follows: 30% of the funds
will go to the investigative agency, 20% to the indigent defender board, 20% to the
prosecuting district attorney, and 30% to the Louisiana Department of Environmental
Quality.
Effective August 15, 2011.
(Adds R.S. 30:2531.1(D))