DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of
the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of
the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
CONFERENCE COMMI TTEE REPORT DIGEST
House Bill No. 227 by Representative Henry
Keyword and oneliner of the instrument as it left the House
CRIME/BATTERY: Amends penalties for the crime of battery of a school or recreation athletic
contest official
Report adopts Senate amendments to:
1. Amend the proposed law penalties to provide that the offender shall be imprisoned for not
less than five days nor more than six months without benefit of suspension of sentence.
Report rejects Senate amendments which would have:
1. Amended the crime to provide that the provisions of the offense shall only apply if the
battery occurs while the school athletic contest official or the recreation athletic contest
official is actively engaged in the conducting, supervising, refereeing, or officiating of a
school sanctioned interscholastic athletic contest.
2. Amended the proposed law provisions which provide for increased penalties when a
battery results in an injury to the victim that requires medical attention to provide that the
increased penalties shall only apply if the battery results in "serious bodily injury" as
defined by present law.
Report amends the bill to:
1. Retain the substance of, but make a technical correction to, the amendment that would
provide for increased penalties when a battery results in "serious bodily injury" to the
victim.
2. Remove language from the definitions of "school athletic contest official" and
"recreational athletic contest official" which requires the official to be actively engaged in
the conducting, supervising, refereeing, or officiating a school sanctioned interscholastic
athletic contest or a sanctioned recreation athletic contest, and retains present law by including this language as an element of the offense.
Digest of the bill as proposed by the Conference Committee
Present law defines the crime of battery of a school or recreation athletic contest official as
battery committed without the consent of the victim when the offender has reasonable grounds to
believe the victim is a school athletic or recreation contest official.
Present law defines "school athletic contest official" and "recreation athletic contest official" to
provide that the provisions of this offense shall only apply if the battery occurs while the official
is actively engaged in the conducting, supervising, refereeing, or officiating of a school
sanctioned interscholastic or recreation athletic contest.
Present law provides that any person convicted of this offense shall be fined not more than $500
and shall be imprisoned for not less than 48 hours nor more than six months. This sentence may
only be suspended by the court if the offender is placed on probation with a minimum condition
that he perform five days of community service work.
Proposed law amends the penalties as follows:
(1)Fine of not less than $1,000 nor more than $5,000, and imprisonment for not less than
five days nor more than six months without benefit of suspension of sentence.
(2)If the offense results in serious bodily injury, as defined by present law, to the victim: fine
of not less $1,000 nor more than $5,000, and imprisonment for not less than 10 days nor
more than six months, which may be suspended.
(3)In addition to the penalties provided in (1) and (2) above, the offender shall perform 40
hours of court-approved community service and participate in a court-approved
counseling program which may include anger management, abusive behavior intervention
groups, or any other type of counseling deemed appropriate by the court.
Proposed law further provides that participation in community service and the counseling
program required by proposed law shall not be suspended and that the cost of participation in the
counseling program shall be borne by the offender.
Proposed law otherwise retains present law.
(Amends R.S. 14:34.4)