Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB388 Comm Sub / Analysis

                    Thompson (SB 388) Act No. 140
Prior law provided for the definition of "offense involving arson", which includes the
following offenses:
(1)Aggravated arson (R.S. 14:51).
(2)Simple arson (R.S. 14:52).
(3)Simple arson of a religious building (R.S. 14:52.1).
(4)Arson with intent to defraud (R.S. 14:53).
(5)Communicating of false information of planned arson (R.S. 14:54.1).
(6)Manufacture and possession of delayed action incendiary devices (R.S. 14:54.2).
(7)Manufacture and possession of a bomb (R.S. 14:54.3).
(8)Fake explosive device (R.S. 14:54.5).
New law adds to this definition the crime of injury by arson (R.S. 14:51.1).
New law authorizes the state fire marshal to promulgate rules and regulations in accordance
with the APA to implement the provisions of the arson registry.
New law authorizes the state fire marshal to appoint a designee to fulfill his responsibilities
under the arson registry requirements.
Prior law provided that a person who fails to register, periodically renew and update
registration, provide proof of residence or notification of change of address or other
registration information shall, upon first conviction, be fined not more than $500; upon
second or subsequent convictions, the offender is to be fined $1,000.
New law provides that persons who fail to register, renew or update a registration, address
or other registration information be subject to a fine of not more than $1,000 or
imprisonment for not more than six months, or both.
Prior law required that an offender who fails to pay the annual registration be fined not more
than $500 and requires that upon second or subsequent conviction for the failure to pay the
offender be fined not more than $1,000. New law deletes this provision.
Prior law provided that any person who certifies by affidavit the location of the residence of
the offender shall send written notice to the state fire marshal. Provided that the notice be
made any time the offender is absent from the residence for a period of 90 days or more, or
if the offender vacates the residence with the intent to establish a new residence at another
location. Required that this notice be sent within 30 days of the offender vacating the
residence with the requisite intent. Provided that any person failing to provide this notice is
subject to a fine of not more than $500. New law provides that person failing this notice be
also subject to imprisonment for not more than six months as well as the fine.
Prior law required a person to register with the state fire marshal for a period of five years
for a first offense. New law increases the duration requirement for registration from five
years to 10 years from the date of initial registration for a first offense.
Effective August 1, 2014.
(Amends R.S. 15:562.2, 562.3(B)(2), 562.4(A)(intro para), 562.5(A) and (B)(2), and 562.6;
adds R.S. 15:562.1(3)(i))