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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. 639
BY SENATOR MARTINY
HOMICIDE. Provides for the crime of first degree murder. (8/1/12)
AN ACT1
To amend and reenact R.S. 14:30(A)(10) and to enact R.S. 14:30(A)(11), relative to the2
crime of first degree murder; to provide that first degree murder includes the killing3
of a taxicab driver under certain circumstances; to provide for definitions; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:30(A)(10) is hereby amended and reenacted and R.S.7
14:30(A)(11) is hereby enacted to read as follows: 8
ยง30. First degree murder 9
A. First degree murder is the killing of a human being: 10
* * *11
(10) When the offender has a specific intent to kill or to inflict great12
bodily harm upon a taxicab driver who is in the course and scope of his13
employment, or when the specific intent to kill or to inflict great bodily harm14
is directly related to the victim's status as a taxicab driver. For purposes of this15
Paragraph, "taxicab" means a motor vehicle for hire, carrying six passengers16
or less, including the driver thereof, that is subject to call from a garage, office,17 SB NO. 639
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taxi stand, or otherwise.1
(11) When the offender has a specific intent to kill or inflict great bodily2
harm and the offender has previously acted with a specific intent to kill or inflict3
great bodily harm that resulted in the killing of one or more persons.4
* * *5
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Martiny (SB 639)
Present law defines first degree murder as the killing of a human being:
1. When the offender has specific intent to kill or to inflict great bodily harm and is
engaged in the perpetration or attempted perpetration of aggravated kidnapping,
second degree kidnapping, aggravated escape, aggravated arson, aggravated rape,
forcible rape, aggravated burglary, armed robbery, assault by drive-by shooting, first
degree robbery, second degree robbery, simple robbery, terrorism, cruelty to
juveniles, or second degree cruelty to juveniles.
2. When the offender has a specific intent to kill or to inflict great bodily harm upon a
fireman, peace officer, or civilian employee of the Louisiana State Police Crime
Laboratory or any other forensic laboratory engaged in the performance of his lawful
duties, or when the specific intent to kill or to inflict great bodily harm is directly
related to the victim's status as a fireman, peace officer, or civilian employee.
3. When the offender has a specific intent to kill or to inflict great bodily harm upon
more than one person.
4. When the offender has specific intent to kill or inflict great bodily harm and has
offered, has been offered, has given, or has received anything of value for the killing.
5. When the offender has the specific intent to kill or to inflict great bodily harm upon
a victim who is under the age of 12 or 65 years of age or older.
6. When the offender has the specific intent to kill or to inflict great bodily harm while
engaged in the distribution, exchange, sale, or purchase, or any attempt thereof, of
a controlled dangerous substance listed in Schedules I, II, III, IV, or V of the
Uniform Controlled Dangerous Substances Law.
7. When the offender has specific intent to kill or to inflict great bodily harm and is
engaged in certain activities prohibited by present law.
8. When the offender has specific intent to kill or to inflict great bodily harm and there
has been issued by a judge or magistrate any lawful order prohibiting contact
between the offender and the victim in response to threats of physical violence or
harm which was served on the offender and is in effect at the time of the homicide.
9. When the offender has specific intent to kill or to inflict great bodily harm upon a
victim who was a witness to a crime or was a member of the immediate family of a
witness to a crime committed on a prior occasion and the killing was committed for
the purpose of preventing or influencing the victim's testimony in any criminal action SB NO. 639
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Coding: Words which are struck through are deletions from existing law;
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or proceeding whether or not such action or proceeding had been commenced or the
killing was committed for the purpose of exacting retribution for the victim's prior
testimony.
10.When the offender has a specific intent to kill or inflict great bodily harm and the
offender has previously acted with specific intent to kill or inflict great bodily harm
that resulted in the killing of one or more persons.
Proposed law retains present law, and further defines first degree murder to include the
circumstance when the offender has a specific intent to kill or to inflict great bodily harm
upon a taxicab driver who is in the course and scope of his employment, or when the specific
intent to kill or to inflict great bodily harm is directly related to the victim's status as a
taxicab driver.
Proposed law defines "taxicab" as a motor vehicle for hire, carrying six passengers or less,
including the driver thereof, that is subject to call from a garage, office, taxi stand, or
otherwise.
Effective August 1, 2012.
(Amends R.S. 14:30(A)(10); adds R.S. 14:30(A)(11))