Louisiana 2015 2015 Regular Session

Louisiana Senate Bill SB30 Comm Sub / Analysis

                    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 Engrossed	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))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the original bill
1. Changes text of proposed law from "presumption or exemption provided by law" to
"presumption or exemption provided by statute".