SLS 12RS-223 ENGROSSED
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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. 59
BY SENATOR MORRELL
CRIME/PUNISHMENT. Creates crime of utilizing or permitting the presence of a juvenile
in drug trafficking. (gov sig)
AN ACT1
To enact R.S. 40:981.5, relative to controlled dangerous substances; to create the crime of2
utilizing or permitting the presence of a juvenile in drug trafficking; to provide3
elements of the crime and definitions; to provide penalties; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:981.5 is hereby enacted to read as follows:7
ยง981.5. Utilizing or permitting the presence of a juvenile in drug trafficking8
A. It shall be unlawful for any person to employ or otherwise utilize any9
juvenile in, or to entice, coerce, aid, or permit any juvenile to be on the premises10
or in any motor vehicle where there is being committed, the distribution or11
possession with intent to distribute of heroin, methamphetamine, or cocaine in12
violation of R.S. 40:966 through 970.13
B. The term "juvenile" as used in this Section refers to any child under14
the age of seventeen years. Lack of knowledge of the juvenile's age shall not be15
a defense.16
C. Whoever commits the crime of utilizing or permitting the presence of17 SB NO. 59
SLS 12RS-223 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
a juvenile in drug trafficking shall be sentenced to a term of imprisonment at1
hard labor for not less than ten nor more than thirty years, at least ten years of2
which shall be served without benefit of parole, probation, or suspension of3
sentence, and in addition shall be fined not less than ten thousand dollars nor4
more than fifty thousand dollars.5
Section 2. This Act shall become effective upon signature by the governor or, if not6
signed by the governor, upon expiration of the time for bills to become law without signature7
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If8
vetoed by the governor and subsequently approved by the legislature, this Act shall become9
effective on the day following such approval.10
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Morrell (SB 59)
Proposed law creates the crime of utilizing or permitting the presence of a juvenile in drug
trafficking.
Proposed law makes it a crime for any person to employ or otherwise utilize any juvenile
to distribute or possess with the intent to distribute heroin, methamphetamine, or cocaine in
violation of present law. Proposed law further makes it a crime for any person to entice,
coerce, aid, or permit any juvenile to be on the premises or in any motor vehicle where the
distribution or possession with intent to distribute of heroin, methamphetamine, or cocaine
is being committed in violation of present law.
Proposed law provides that for the purposes of proposed law the term "juvenile" refers to any
child under the age of seventeen years. Proposed law further provides that lack of
knowledge of the juvenile's age is not a defense to the crime of utilizing or permitting the
presence of a juvenile in drug trafficking.
Proposed law provides that whoever commits the crime of utilizing or permitting the
presence of a juvenile in drug trafficking is to be sentenced to a term of imprisonment at
hard labor for not less than 10 nor more than 30 years, at least 10 years of which must be
served without benefit of parole, probation, or suspension of sentence. Proposed law further
provides that in addition to imprisonment, whoever commits this crime is to be fined not less
than $10,000 nor more than $50,000.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 40:981.5)