Thompson (SB 52) Act No. 288
Prior law defined "contraband" for purposes of prior law relative to the introduction of
contraband into penal institutions as any controlled dangerous substance as defined in prior
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.
Prior law excluded 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.
New law retains prior law and adds that the introduction by a person of any controlled
dangerous substance as defined in prior law upon the grounds of any state correctional
institution constitutes distribution of that controlled substance and is subject to the penalties
provided in prior law relative to controlled dangerous substances.
Prior law provided 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 prior law.
New law retains prior law and adds that the introduction by a person of any controlled
dangerous substance as defined in prior 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 prior law relative to controlled dangerous substances.
Prior law provided that whoever violates prior 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.
New law retains prior law and adds that, notwithstanding any other law to the contrary,
whoever introduces the contraband of a controlled dangerous substance, as defined in new
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 prior law relative to controlled dangerous substances.
Effective upon signature of the governor (June 14, 2013).
(Amends R.S. 14:402(D)(1), (E)(5), and (G))