ENROLLED ACT No. 246 2016 Regular Session HOUSE BILL NO. 267 BY REPRESENTATIVES GREGORY MILLER AND BOUIE 1 AN ACT 2 To amend and reenact R.S. 40:1025(A), (B), and (C), relative to penalties for transactions 3 involving drug paraphernalia; to amend the penalty provisions for such offenses; and 4 to provide for related matters. 5 Be it enacted by the Legislature of Louisiana: 6 Section 1. R.S. 40:1025(A), (B), and (C) are hereby amended and reenacted to read 7 as follows: 8 ยง1025. Penalties 9 A.(1) The first violation of or failure to comply with any provision of this 10 Part shall subject the offender to a fine not in excess of five three hundred dollars, 11 or imprisonment of not more than six months fifteen days, or both. 12 (2) A conviction for a violation of the provisions of this Part may not be used 13 as a predicate conviction for enhancement purposes under Subsections B and C of 14 this Section if the offender has not been convicted of any violation of the controlled 15 dangerous substances law for a period of two years from the date of completion of 16 sentence, probation, parole, or suspension of sentence for that conviction. The 17 provisions of this Paragraph shall apply only once with respect to any person. 18 B. On a second conviction, the offender shall be fined not more than one 19 thousand dollars, or imprisoned for not more than one year six months, or both. Page 1 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 267 ENROLLED 1 C. On a third or subsequent conviction, the offender shall be fined not more 2 than five thousand two thousand five hundred dollars, or imprisoned, with or without 3 hard labor, for not more than five two years, or both. 4 * * * SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 2 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions.