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ACT No. 405
Regular Session, 2012
HOUSE BILL NO. 616
BY REPRESENTATIVE ANDERS
AN ACT1
To enact R.S. 14:133.6, relative to offenses affecting organized government; to create the2
crime of filing a false lien against a law enforcement or court officer; to provide for3
criminal penalties; to authorize restitution; to provide for definitions; and to provide4
for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:133.6 is hereby enacted to read as follows: 7
ยง133.6. Filing a false lien against a law enforcement or court officer8
A. The crime of filing a false lien or encumbrance against a law enforcement9
officer or court officer is committed when a person knowingly files, attempts to file,10
or conspires to file, in any public records or in any private record that is generally11
available to the public, any false lien or encumbrance against the real or personal12
property of a law enforcement officer or court officer, as retaliation against the13
officer for the performance of his official duties, knowing or having reason to know14
that such lien or encumbrance is false or contains any materially false, fictitious, or15
fraudulent statement or representation.16
B. For purposes of this Section, the following definitions shall apply:17
(1) "Court officer" means any active or retired justice of the peace, any18
active or retired judge of a city, parish, state, or federal court located in this state, any19
district attorney, assistant district attorney, or investigator within the office of a20
district attorney, any city prosecutor, assistant city prosecutor, or investigator within21
the office of a city prosecutor, and the attorney general and any assistant attorney22
general or investigator within the office of the attorney general.23
(2) "Law enforcement officer" shall mean any active or retired city, parish,24
or state law enforcement officer, peace officer, sheriff, deputy sheriff, probation or25 ENROLLEDHB NO. 616
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parole officer, marshal, deputy, wildlife enforcement agent, state correctional officer,1
a commissioned agent of the Department of Public Safety and Corrections, and any2
federal law enforcement officer or employee whose permanent duties include making3
arrests, performing search and seizures, execution of criminal arrest warrants,4
execution of civil seizure warrants, any civil functions performed by sheriffs or5
deputy sheriffs, enforcement of penal or traffic laws, or the care, custody, control,6
or supervision of inmates.7
C.(1) Whoever commits the crime of filing a false lien against a law8
enforcement or court officer shall be fined not less than five hundred dollars nor9
more than the amount of the value of the false lien or encumbrance, imprisoned, with10
or without hard labor, for not more than two years, or both.11
(2) The court, in addition to any punishment imposed under the provisions12
of this Section, may order the offender to pay restitution to the law enforcement13
officer or court officer for any costs incurred as a result of the false lien or14
encumbrance.15
Section 2. This Act shall become effective upon signature by the governor or, if not16
signed by the governor, upon expiration of the time for bills to become law without signature17
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If18
vetoed by the governor and subsequently approved by the legislature, this Act shall become19
effective on the day following such approval.20
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: