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Regular Session, 2013
SENATE BILL NO. 52
BY SENATOR THOMPSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC SFTY/CORRECT DEPT. Provides relative to contraband in penal institutions.
(gov sig)
AN ACT1
To amend and reenact R.S. 14:402(D)(1), (E)(5), and (G), relative to contraband in penal2
institutions; to provide relative to the introduction of controlled dangerous3
substances into penal institutions; to provide relative to penalties; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:402(D)(1), (E)(5), and (G) are hereby amended and reenacted to7
read as follows: 8
ยง402. Contraband defined; certain activities regarding contraband in penal9
institutions prohibited; penalty; disposition of seized contraband10
* * *11
D. "Contraband" as used herein means:12
(1) Any controlled dangerous substance as defined in R.S. 40:961, et seq., or13
any other drug or substance that if taken internally, whether separately or in14
combination with another drug or substance, produces or may produce an hypnotic15
effect. The introduction by a person of any controlled dangerous substance as16
defined in R.S. 40:961 et seq., upon the grounds of any state correctional17 SB NO. 52
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words in boldface type and underscored are additions.
institution shall constitute distribution of that controlled dangerous substance1
and shall be subject to the penalties provided in R.S. 40:961 et seq. The2
provisions of this Paragraph shall not apply to a drug or substance that has been3
prescribed by a physician, if the drug or substance is in a container issued by the4
pharmacy or other place of dispensation, the container identifies the prescription5
number, prescribing physician, and issuing pharmacist or other person, and the6
container is not concealed upon the body of the person.7
* * *8
E. It shall be unlawful to possess or to introduce or attempt to introduce into9
or upon the premises of any municipal or parish prison or jail or to take or send or10
attempt to take or send therefrom, or to give or to attempt to give to an inmate of any11
municipal or parish prison or jail, any of the following articles which are hereby12
declared to be contraband for the purpose of this Section, to wit:13
* * *14
(5) Any narcotic or hypnotic or excitive drug or any drugs of whatever kind15
or nature, including nasal inhalators of any variety, sleeping pills or barbiturates of16
any variety that create or may create a hypnotic effect if taken internally, or any17
other controlled dangerous substance as defined in R.S. 40:961, et seq. The18
introduction by a person of any controlled dangerous substance as defined in19
R.S. 40:961 et seq., upon the grounds of any municipal or parish prison or jail20
shall constitute distribution of that controlled dangerous substance and shall be21
subject to the penalties provided in R.S. 40:961 et seq.22
* * *23
G. Whoever violates any provision of this Section shall be fined not less than24
two hundred fifty dollars and not more than two thousand dollars and shall be25
imprisoned with or without hard labor for not more than five years.26
Notwithstanding any other law to the contrary, whoever introduces contraband27
as defined in Paragraph (D)(1) of this Section, upon the grounds of any state28
correctional institution, or Paragraph (E)(5) of this Section, upon the grounds29 SB NO. 52
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of any municipal or parish prison or jail, shall be punished in accordance with1
the penalties for the distribution of the controlled dangerous substance provided2
in R.S. 40:961 et seq. Any fine collected under the provisions of this Subsection3
shall be placed in a fund located within the division of probation and parole to be4
used solely for the purchase of reentry services provided to offenders by the division5
of probation and parole.6
Section 2. This Act shall become effective upon signature by the governor or, if not7
signed by the governor, upon expiration of the time for bills to become law without signature8
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If9
vetoed by the governor and subsequently approved by the legislature, this Act shall become10
effective on the day following such approval.11
The original instrument was prepared by Alden A. Clement, Jr. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Danielle Doiron.
DIGEST
Thompson (SB 52)
Present law defines "contraband" for purposes of present law relative to the introduction of
contraband into penal institutions as any controlled dangerous substance as defined in
present law or any other drug or substance that if taken internally, whether separately or in
combination with another drug or substance, produces or may produce a hypnotic effect.
Present law excludes from the definition of "contraband" any drug or substance that has been
prescribed by a physician, if the drug or substance is in a container issued by the pharmacy
or other place of dispensation, the container identifies the prescription number, prescribing
physician, and issuing pharmacist or other person, and the container is not concealed upon
the body of the person.
Proposed law retains present law and adds that the introduction by a person of any controlled
dangerous substance as defined in present law upon the grounds of any state correctional
institution constitutes distribution of that controlled substance and is subject to the penalties
provided in present law relative to controlled dangerous substances.
Present law provides that it is unlawful to possess or to introduce or attempt to introduce into
or upon the premises of any municipal or parish prison or jail or to take or send or attempt
to take or send therefrom, or to give or to attempt to give to an inmate of any municipal or
parish prison or jail, any narcotic or hypnotic or excitive drug or any drugs of whatever kind
or nature, including nasal inhalators of any variety, sleeping pills or barbiturates of any
variety that create or may create a hypnotic effect if taken internally, or any other controlled
dangerous substance as defined in present law.
Proposed law retains present law and adds that the introduction by a person of any controlled
dangerous substance as defined in present law upon the grounds of any municipal or parish
prison or jail constitutes distribution of that controlled dangerous substance and is subject
to the penalties provided in present law relative to controlled dangerous substances. SB NO. 52
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Present law provides that whoever violates any provision of present law relative to
contraband in penal institutions is to be fined not less than $250 nor more than $2,000 and
imprisoned with or without hard labor for not more than five years.
Proposed law retains present law and adds that, notwithstanding any other law to the
contrary, whoever introduces the contraband of a controlled dangerous substance, as defined
in proposed law, upon the grounds of any state correctional institution, or any municipal or
parish prison or jail, is to be punished in accordance with the penalties for the distribution
of the controlled dangerous substance provided in present law relative to controlled
dangerous substances.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:402(D)(1), (E)(5), and (G))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Technical.