HLS 12RS-318 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 48
BY REPRESENTATIVE HARRIS
CRIME/THEFT: Creates the crime of theft of copper and other metals
AN ACT1
To enact R.S. 14:67.28, relative to misappropriation without violence; to create the crime2
of theft of copper or other metals; to provide for a determination of the value of the3
copper or other metals taken; to provide for definitions; to provide for penalties; and4
to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:67.28 is hereby enacted to read as follows: 7
ยง67.28. Theft of copper or other metals; determination of value of copper or other8
metals taken9
A. Theft of copper or other metals is the misappropriation or the taking of10
copper or other metals which belongs to another, either without the consent of the11
owner or by means of fraudulent conduct, practices, or representations, with the12
intent to permanently deprive the owner of the copper or other metal.13
B. As used in this Section "copper or other metals" means any copper,14
copper wire, copper alloy, bronze, brass, zinc, aluminum other than in the form of15
cans, stainless steel, or nickel alloys, whether in the form of bars, cable, ingots, rods,16
tubing, wire, wire scraps, clamps, connectors, or railroad track materials, made of17
steel in the form of railroad tracks, or in the form of rail, switch components, spikes,18
angle bars, tie plates, or bolts of the type used in constructing railroads, or any19
combination of such materials.20 HLS 12RS-318 ENGROSSED
HB NO. 48
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
C. In determining the appropriate penalty provisions as provided in1
Subsection D of this Section, the court shall calculate the value of the copper or other2
metal misappropriated or taken as the aggregate of the following:3
(1) The fair market value of the copper or other metal.4
(2) The cost of replacement of the copper or other metals.5
(3) The cost of replacing and repairing property which was damaged as a6
result of the theft of copper or other metals.7
D.(1) When the misappropriation or taking amounts to a value of one8
thousand dollars or more, the offender shall be fined not more than five thousand9
dollars, imprisoned, with or without hard labor, for not less than five years and not10
more than ten years, or both.11
(2) When the misappropriation or taking amounts to a value of five hundred12
dollars or more, but less than a value of one thousand dollars, the offender shall be13
fined not more than two thousand dollars, imprisoned, with or without hard labor, for14
not less than two years and not more than five years, or both.15
(3) When the misappropriation or taking amounts to a value of less than five16
hundred dollars, the offender shall be fined not more than one thousand dollars,17
imprisoned for not less than one year and not more than two years, or both.18
(4) Upon a second or subsequent conviction, the offender shall be fined not19
more than five thousand dollars, imprisoned, with or without hard labor, for not more20
than ten years, or both.21
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Harris HB No. 48
Abstract: Creates the crime of theft of copper or other metals and provides for the
calculation of the value of the copper or other metals taken.
Proposed law provides that theft of copper or other metals is the misappropriation or taking
of copper or other metals which belongs to another, either without the consent of the owner
or by means of fraudulent conduct, practices, or representations, with the intent to
permanently deprive the owner of the copper or other metal. HLS 12RS-318 ENGROSSED
HB NO. 48
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides for a definition of "copper or other metals".
Proposed law provides that in determining the appropriate penalty provisions, the court shall
calculate the value of the copper or other metal misappropriated or taken as the aggregate
of the following:
(1)The fair market value of the copper or other metal.
(2)The costs of replacement of the copper or other metals.
(3)The cost of replacing and repairing property which was damaged as a result of the
theft of copper or other metals.
Proposed law provides for the following criminal penalties based upon the value of the
copper or other metals taken:
(1)When the value is $1,000 or more - A maximum fine of $5,000, imprisonment for
five - 10 years, or both.
(2)When the value is between $500 and $1,000 - A maximum fine of $2,000,
imprisonment for two - five years, or both.
(3)When the value is less than $500 - A maximum fine of $1,000, imprisonment for one
- two years, or both.
(4)For a second or subsequent conviction - A maximum fine of $5,000, imprisonment
up to 10 years, or both.
(Adds R.S. 14:67.28)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Added railroad track materials and items used in constructing railroads to the
definition of "copper and other metals".