Louisiana 2015 2015 Regular Session

Louisiana Senate Bill SB30 Introduced / Bill

                    SLS 15RS-96	ORIGINAL
2015 Regular Session
SENATE BILL NO. 30
BY SENATOR KOSTELKA 
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME/PUNISHMENT.  Provides relative to the crime of illegal possession of stolen
property.  (gov sig)
1	AN ACT
2 To enact R.S. 14:69(E), relative to the crime of illegal possession of stolen things; to provide
3 relative to exemptions from prosecution for certain persons under certain
4 circumstances; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1.  R.S. 14:69(E) is hereby enacted to read as follows: 
7 ยง69. Illegal possession of stolen things 
8	*          *          *
9	E. No person shall be exempt from prosecution under this Section for
10 any act committed with fraudulent, willful, or criminal knowledge regardless
11 of any other presumption or exemption provided by law, including but not
12 limited to any signed statement of ownership executed by a purported owner of
13 property conveyed.
14 Section 2.  This Act shall become effective upon signature by the governor or, if not
15 signed by the governor, upon expiration of the time for bills to become law without signature
16 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If
17 vetoed by the governor and subsequently approved by the legislature, this Act shall become
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 30
SLS 15RS-96	ORIGINAL
1 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
SB 30 Original	2015 Regular Session	Kostelka
Present law provides that every secondhand dealer must obtain a signed statement from the
seller that the junk or used or secondhand property has been paid for or is owned by the
seller.  Present law further provides that a secondhand dealer who obtains the required
statement from the seller is exonerated from any fraudulent, willful, or criminal knowledge
within the meaning of present law relative to secondhand dealers.
Proposed law retains present law.
Present law provides that a scrap metal recycler must obtain a signed statement from the
seller of scrap metal that the scrap metal has been paid for or is owned by the seller.  Present
law further provides that a scrap metal recycler who obtains the required statement from the
seller is exonerated from any fraudulent, willful, or criminal knowledge within the meaning
of present law relative to scrap metal recyclers.
Proposed law retains present law.
Present law defines the crime of illegal possession of stolen things as the intentional
possessing, procuring, receiving, or concealing of any thing of value that has been the
subject of any robbery or theft, under circumstances indicating that the offender knew or had
good reason to believe that the thing was the subject of one of these offenses. 
Proposed law retains present law and adds that no person is exempt from prosecution for the
present law crime of illegal possession of stolen things for any act committed with
fraudulent, willful, or criminal knowledge regardless of any other presumption or exemption
provided by present law, including but not limited to any signed statement of ownership
executed by a purported owner of property conveyed.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 14:69(E))
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.