HLS 17RS-437 REENGROSSED
2017 Regular Session
HOUSE BILL NO. 215
BY REPRESENTATIVE HUNTER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/PROCEDURE: Provides for time limitations for prosecution of bank fraud
1 AN ACT
2To enact Code of Criminal Procedure Article 573.3, relative to time limitations for initiating
3 prosecutions; to provide relative to time limitations in which to institute prosecution
4 for the crime of bank fraud; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Criminal Procedure Article 573.3 is hereby enacted to read as
7follows:
8 Art. 573.3. Running of time limitations; exception; bank fraud
9 Notwithstanding the time limitations established by Article 572 of this Code,
10 the time limitation within which to institute prosecution for the crime of bank fraud
11 (R.S. 14:71.1) shall be three years from the time the crime is discovered or should
12 have been reasonably discovered.
13 Section 2. The provisions of this Act shall be given prospective and retroactive
14application.
15 Section 3. This Act shall become effective upon signature by the governor or, if not
16signed by the governor, on June 8, 2017, whichever is earlier. If vetoed by the governor and
17subsequently approved by the legislature, this Act shall become effective on the day
18following such approval.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 17RS-437 REENGROSSED
HB NO. 215
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 215 Reengrossed 2017 Regular Session Hunter
Abstract: Provides that the time within which to institute prosecution for the crime of bank
fraud shall be three years from the time the crime is discovered or reasonably
discovered.
Present law provides that no person shall be prosecuted, tried, or punished for an offense not
punishable by death or life imprisonment, unless the prosecution is instituted within the
following periods of time after the offense has been committed:
(1)Six years, for a felony necessarily punishable by imprisonment at hard labor.
(2)Four years, for a felony not necessarily punishable by imprisonment at hard labor.
(3)Two years, for a misdemeanor punishable by a fine, imprisonment, or both.
(4)Six months, for a misdemeanor punishable only by a fine or forfeiture.
Proposed law provides that these present law time limitations do not apply to the crime of
bank fraud and that the time within which to institute prosecution for the crime of bank fraud
shall be three years from the time the crime is discovered or reasonably discovered.
Proposed law shall apply retroactively and prospectively.
Effective upon signature of governor or on June 8, 2017, whichever is earlier.
(Adds C.Cr.P. Art. 573.3)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Remove proposed law language relative to the commencement of the time
limitation after the victim or any other person who has suffered a financial loss
discovers or reasonably discovers the offense and add that the time limitation
within which to institute prosecution shall be two years from the time of
discovery or reasonable discovery.
The House Floor Amendments to the engrossed bill:
1. Remove proposed law which provides that the time limitation within which to
institute prosecution for the crime of bank fraud established by present law
commences to run upon discovery or reasonable discovery of the crime, and
institution of prosecution shall be within two years.
2. Provide that the time within which to institute prosecution for the crime of bank
fraud shall be three years from the time of discovery or reasonable discovery.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.