SLS 16RS-421 ORIGINAL
2016 Regular Session
SENATE BILL NO. 243
BY SENATOR MILKOVICH
CRIME/PUNISHMENT. Provides relative to battery committed by two or more persons
upon a victim. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 14:34.1(A) and (C), relative to second degree battery; to provide
3 that second degree battery is committed when two or more offenders jointly commit
4 a battery and inflict any injury upon the victim; to provide penalties; and to provide
5 for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:34.1(A) and (C) are hereby amended and reenacted to read as
8 follows:
9 ยง34.1. Second degree battery
10 A. Second degree battery is a battery committed when either of the
11 following occur:
12 (1) The the offender intentionally inflicts serious bodily injury; however,
13 except that this provision Paragraph shall not apply to a medical provider who has
14 obtained the consent of a patient.
15 (2) Two or more offenders jointly commit a battery and inflict injury
16 upon the victim.
17 * * *
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 243
SLS 16RS-421 ORIGINAL
1 C.(1) Whoever commits the crime of second degree battery by a violation
2 of Paragraph (A)(1) of this Section shall be fined not more than two thousand
3 dollars or imprisoned, with or without hard labor, for not more than eight fifteen
4 years, or both. At least eighteen months of the sentence imposed shall be served
5 without benefit of parole, probation, or suspension of sentence if the offender knew
6 or should have known that the victim is an active member of the United States
7 Armed Forces or is a disabled veteran and the second degree battery was committed
8 because of that status.
9 (2) Whoever commits the crime of second degree battery by a violation
10 of Paragraph (A)(2) of this Section shall be imprisoned, with or without hard
11 labor, for not less than one nor more than five years, and in addition may be
12 fined not more than two thousand dollars.
13 Section 2. This Act shall become effective upon signature by the governor or, if not
14 signed by the governor, upon expiration of the time for bills to become law without signature
15 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
16 vetoed by the governor and subsequently approved by the legislature, this Act shall become
17 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 243 Original 2016 Regular Session Milkovich
Present law provides relative to the crime of second degree battery. Present law defines
second degree battery as a battery committed when the offender intentionally inflicts serious
bodily injury, except that this provision of present law does not apply to a medical provider
who has obtained the consent of a patient.
Proposed law retains present law and adds that second degree battery is also committed
when two or more offenders jointly commit a battery and inflict injury upon the victim.
Present law provides that second degree battery is punishable by a fine of up to $2,000, or
imprisonment with or without hard labor for up to eight years, or both.
Proposed law provides that a second degree battery where serious bodily injury is inflicted
is punishable by a fine of up to $2,000, or imprisonment with or without hard labor for up
to 15 years, or both.
Proposed law provides that a second degree battery committed by two or more offenders
who inflict any injury upon the victim is punishable by imprisonment with or without hard
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 243
SLS 16RS-421 ORIGINAL
labor for between one and five years, and a possible fine of up to $2,000.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:34.1(A) and (C))
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.