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Coding: Words which are struck through are deletions from existing law;
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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 penalties for littering convictions. (8/15/11)
AN ACT1
To amend and reenact R.S. 30:2531.1 (D), relative to offenses affecting the public safety;2
to provide for statewide litter reduction; to provide for criminal penalties; to provide3
for exceptions; 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 amended and reenacted to read as follows:6
ยง2531.1. Gross littering prohibited; criminal penalties; indemnification7
* * *8
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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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, upon third or subsequent conviction, if the litter is10
disposed of from a motor vehicle, boat, or conveyance, the judge may order that11
the motor vehicle, boat, or conveyance being driven by the offender at the time12
of the offense may be seized and impounded, and sold at auction in the same13
manner and under the same conditions as executions of writ of seizures and sale14
as provided in Book V, Title 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, ten percent to the21
indigent defender board, ten percent for the towing fees associated with towing22
of the stolen vehicle, twenty percent to the prosecuting district attorney, and23
thirty percent to the Louisiana Department of Environmental Quality.24
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Coding: Words which are struck through are deletions from existing law;
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The original instrument was prepared by Michael Bell. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Jeanne Johnston.
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
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.
Proposed law provides that, upon third or subsequent conviction, 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.
Provides that the vehicle will be exempt from seizure and sale if it was stolen and shall also
be exempt from sale if all towing and storage fees are paid by a valid lien holder.
Provides that the proceeds of the sale must 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, 10% to the indigent defender board, 10% for towing fees associated
with the stolen vehicle, 20% to the prosecuting district attorney, and 30% to the La.
Department of Environmental Quality. SB NO. 270
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Coding: Words which are struck through are deletions from existing law;
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Effective August 15, 2011.
(Amends R.S. 30:2531.1(D))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Makes technical changes.
2. Makes seizure, impoundment, and sale provisions apply only upon third or
subsequent conviction.
3. Reduces the percentage of sale proceeds allocated to the indigent defender
board.
4. Provides for a percentage of sale proceeds to be allocated for towing fees
associated with the stolen vehicle.