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.