Louisiana 2015 2015 Regular Session

Louisiana Senate Bill SB8 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 8 Original	2015 Regular Session	Long
Present law provides relative to the crime of homicide and defines homicide as the killing of a
human being by the act, procurement, or culpable omission of another.  Present law further provides
that homicide is of five grades:
(1)First degree murder.
(2)Second degree murder.
(3)Manslaughter.
(4)Negligent homicide.
(5)Vehicular homicide.
Proposed law retains present law and adds that nothing in present law relative to criminal offenses
can be construed to preclude the prosecution for homicide of a woman who uses an illegal drug
while pregnant if the child dies as a result of the use of the illegal drug.
Present law provides relative to the crime of battery and defines battery as the intentional use of force
or violence upon the person of another, or the intentional administration of a poison or other noxious
liquid or substance to another. 
Proposed law retains present law and adds that nothing in present law relative to criminal offenses
can be construed to preclude the prosecution for any grade of battery of a woman who uses an illegal
drug while pregnant if the child is born addicted to, or otherwise harmed by, the illegal drug used
while pregnant.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:29 and 33)