Louisiana 2012 Regular Session

Louisiana House Bill HB63 Latest Draft

Bill / Introduced Version

                            HLS 12RS-443	ORIGINAL
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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. 63
BY REPRESENTATIVE BROSSETT
WEAPONS/FIREARMS:  Creates the crime of reckless discharge of a firearm on a school
campus
AN ACT1
To enact R.S. 14:95.2.3, relative to offenses affecting public safety; to create the crime of2
reckless discharge of a firearm on a school campus; to provide for definitions; to3
provide for penalties; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1.  R.S. 14:95.2.3 is hereby enacted to read as follows: 6
ยง95.2.3.  Reckless discharge of a firearm on a school campus7
A. Reckless discharge of a firearm on a school campus is the reckless or8
criminally negligent discharge of a firearm on a school campus or within one9
thousand feet of a school campus.10
B.  For the purposes of this Section:11
(1) "Campus" means all facilities and property within the boundary of the12
school property.13
(2) "Firearm" means any pistol, revolver, rifle, shotgun, machine gun,14
submachine gun, excluding black powder weapons, or assault rifle which is designed15
to fire or is capable of firing fixed cartridge ammunition or from which a shot or16
projectile is discharged by an explosive.17
(3)  "Reckless or criminally negligent" means that although neither specific18
nor general criminal intent is present, there is such disregard of the interest of others19 HLS 12RS-443	ORIGINAL
HB NO. 63
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
that the offender's conduct amounts to a gross deviation below the standard of care1
expected to be maintained by a reasonably careful man under like circumstances.2
(4) "School" means any elementary, secondary, high school, vocational-3
technical school, college, or university in this state.4
C. Whoever commits the crime of reckless discharge of a firearm on a school5
campus shall be sentenced to imprisonment at hard labor for not less than five nor6
more than ten years and shall be fined not more than five thousand dollars. At least7
three years of the sentence imposed shall be served without benefit of parole,8
probation, or suspension of sentence.9
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)]
Brossett	HB No. 63
Abstract: Creates the crime of reckless discharge of a firearm on a school campus.
Proposed law provides that reckless discharge of a firearm on a school campus is the
reckless or criminally negligent discharge of a firearm on a school campus or within 1,000
feet of any school campus.
Proposed law defines "campus", "firearm", "reckless or criminally negligent", and "school".
Proposed law provides penalties of imprisonment at hard labor for not less than five nor
more than 10 years and a fine of not more than $5,000. At least three years shall be served
without benefit of parole, probation, or suspension of sentence.
(Adds R.S. 14:95.2.3)