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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, 2013 ENROLLED
SENATE BILL NO. 52
BY SENATOR THOMPSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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
institution shall constitute distribution of that controlled dangerous substance18
and shall be subject to the penalties provided in R.S. 40:961 et seq. The19
provisions of this Paragraph shall not apply to a drug or substance that has been20
prescribed by a physician, if the drug or substance is in a container issued by the21
pharmacy or other place of dispensation, the container identifies the prescription22
number, prescribing physician, and issuing pharmacist or other person, and the23
container is not concealed upon the body of the person.24 SB NO. 52 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
* * *1
E. It shall be unlawful to possess or to introduce or attempt to introduce into2
or upon the premises of any municipal or parish prison or jail or to take or send or3
attempt to take or send therefrom, or to give or to attempt to give to an inmate of any4
municipal or parish prison or jail, any of the following articles which are hereby5
declared to be contraband for the purpose of this Section, to wit:6
* * *7
(5) Any narcotic or hypnotic or excitive drug or any drugs of whatever kind8
or nature, including nasal inhalators of any variety, sleeping pills or barbiturates of9
any variety that create or may create a hypnotic effect if taken internally, or any10
other controlled dangerous substance as defined in R.S. 40:961, et seq. The11
introduction by a person of any controlled dangerous substance as defined in12
R.S. 40:961 et seq., upon the grounds of any municipal or parish prison or jail13
shall constitute distribution of that controlled dangerous substance and shall be14
subject to the penalties provided in R.S. 40:961 et seq.15
* * *16
G. Whoever violates any provision of this Section shall be fined not less than17
two hundred fifty dollars and not more than two thousand dollars and shall be18
imprisoned with or without hard labor for not more than five years.19
Notwithstanding any other law to the contrary, whoever introduces contraband20
as defined in Paragraph (D)(1) of this Section, upon the grounds of any state21
correctional institution, or Paragraph (E)(5) of this Section, upon the grounds22
of any municipal or parish prison or jail, shall be punished in accordance with23
the penalties for the distribution of the controlled dangerous substance provided24
in R.S. 40:961 et seq. Any fine collected under the provisions of this Subsection25
shall be placed in a fund located within the division of probation and parole to be26
used solely for the purchase of reentry services provided to offenders by the division27
of probation and parole.28
Section 2. This Act shall become effective upon signature by the governor or, if not29
signed by the governor, upon expiration of the time for bills to become law without signature30 SB NO. 52 ENROLLED
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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
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: