DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 227 Engrossed 2016 Regular Session Pylant
Abstract: Adds to the crime of obstruction of justice additional elements including giving false
testimony, withholding testimony, or being absent despite being served with a subpoena.
Present law defines the crime of obstruction of justice which includes elements of tampering with
evidence, using or threatening force to influence testimony, or retaliating against witnesses, victims,
jurors, officers of the court, and other parties. Provides for criminal penalties as follows:
(1)A fine up to $100,000, imprisonment for not more than 40 years at hard labor, or both, when
the obstruction of justice involves a criminal proceeding in which a sentence of death or life
imprisonment may be imposed.
(2)A fine up to $50,000, imprisonment for not more than 20 years at hard labor, or both when
the obstruction of justice involves a criminal proceeding in which a sentence of
imprisonment necessarily at hard labor for any period less than a life sentence may be
imposed.
(3)A fine up to $10,000, imprisonment for not more than five years, with or without hard labor,
or both, when the obstruction of justice involves any other criminal proceeding.
Proposed law retains present law and adds elements including giving false testimony, or without
right or privilege to do so, withholding testimony or being absent despite being served with a
subpoena.
(Adds R.S. 14:130.1(A)(4))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill:
1. Removes proposed law elements relating to avoiding service of a subpoena and
withholding information from a law enforcement agency.
2. Amends the proposed law element relating to a person absenting himself from certain
proceedings.