SLS 12RS-575 ENGROSSED Page 1 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2012 SENATE BILL NO. 255 BY SENATOR MORRELL WEAPONS. Increases penalties for the crime of aggravated assault with a firearm. (gov sig) AN ACT1 To amend and reenact R.S. 14:37.4(A) and (C), relative to the crime of aggravated assault2 with a firearm; to provide relative to the definition of aggravated assault with a3 firearm; to increase the penalties for aggravated assault with a firearm; to provide for4 an effective date; and to provide for related matters.5 Be it enacted by the Legislature of Louisiana:6 Section 1. R.S. 14:37.4(A) and (C) are hereby amended and reenacted to read as7 follows: 8 ยง37.4. Aggravated assault with a firearm9 A. Aggravated assault with a firearm is an assault committed by the discharge10 of with a firearm.11 * * *12 C. Whoever commits an aggravated assault with a firearm shall be fined not13 more than five ten thousand dollars or imprisoned for not more than five ten years,14 with or without hard labor, or both.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 SB NO. 255 SLS 12RS-575 ENGROSSED Page 2 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1 vetoed by the governor and subsequently approved by the legislature, this Act shall become2 effective on the day following such approval.3 The original instrument was prepared by Angela Lockett De Jean. The following digest, which does not constitute a part of the legislative instrument, was prepared by Alden A. Clement, Jr. DIGEST Morrell (SB 255) Present law creates the crime of aggravated assault with a firearm, which is an assault committed by the discharge of a firearm. Proposed law changes present law so that discharge of a firearm is not required but merely that the offense is committed with a firearm. Present law provides that whoever commits the crime of aggravated assault with a firearm is to be fined not more than $5,000, or imprisoned with or without hard labor for not more than five years, or both. Proposed law increases the penalties to a fine of not more than $10,000, or imprisonment with or without hard labor for not more than 10 years, or both. Effective upon signature of the governor or lapse of time for gubernatorial action. (Amends R.S. 14:37.4(A) and (C)) Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Judiciary C to the original bill. 1. Changes present law such that aggravated assault with a firearm does not require discharge of a firearm but merely that the offense is committed with a firearm.