The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
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.
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))