Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB187 Engrossed / Bill

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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, 2014
SENATE BILL NO. 187
BY SENATOR KOSTELKA 
CRIME/PUNISHMENT.  Allows enhanced sentencing for drug offenses committed in a
private residence located in a drug free zone.  (gov sig)
AN ACT1
To amend and reenact R.S. 40:981.3(D) and to repeal R.S. 40:981.3(E), relative to2
controlled dangerous substances; to allow enhanced sentencing for violations of the3
Uniform Controlled Dangerous Substances Law occurring within a private residence4
located in a drug free zone; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S. 40:981.3(D) is hereby amended and reenacted to read as follows: 7
ยง981.3. Violation of Uniform Controlled Dangerous Substances Law; drug free zone8
*          *          *9
D. A violation of this Section within two thousand feet of school property,10
a drug treatment facility, religious building property, public housing authority11
property, or child day care facility property shall not include an act which occurs12
entirely within a private residence wherein no person seventeen years of age or under13
was present.14
E. (1) Whoever violates a provision of this Section shall be punished by the15
imposition of the maximum fine and be imprisoned for not more than one and one-16
half times the longest term of imprisonment authorized by the applicable provisions17 SB NO. 187
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of R.S. 40:966 through 970.1
(2) A sentence imposed for a violation of the provisions of this Section shall2
not be subject to parole, probation, or suspension of sentence to the extent that the3
minimum sentence for a violation of a felony provision of R.S. 40:966 through 9704
is not subject to parole, probation, or suspension of sentence.5
Section 2. R.S. 40:981.3(E) is hereby repealed in its entirety.6
Section 3. 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 and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Kostelka (SB 187)
Present law provides enhanced sentencing for certain violations of present law (Uniform
Controlled Dangerous Substances Law) that occur in drug free zones provided for by present
law.
Proposed law retains present law.
Present law provides that enhanced sentencing provisions of present law do not apply to
violations that occur entirely within a private residence when no person 17 years of age or
under was present.
Proposed law repeals present law so as to allow enhanced sentencing for violations of the
Uniform Controlled Dangerous Substances Law that occur within a private residence that
is located in a drug free zone.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:981.3(D); repeals R.S. 40:981.3(E))