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2017 Regular Session
SENATE BILL NO. 122
BY SENATOR WARD
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME/PUNISHMENT. Provides relative to cruelty to juveniles committed by an
employee of a child day care center. (gov sig)
1 AN ACT
2 To amend and reenact R.S. 14:93(D) and 93.2.3(C), relative to cruelty to juveniles; to
3 provide enhanced penalties for an offender who is an employee of a child day care
4 center; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 14:93(D) and 93.2.3(C) are hereby amended and reenacted to read
7 as follows:
8 §93. Cruelty to juveniles
9 * * *
10 D.(1) Whoever Except as provided in Paragraph (2) of this Subsection,
11 whoever commits the crime of cruelty to juveniles shall be fined not more than one
12 thousand dollars or imprisoned with or without hard labor for not more than ten
13 years, or both.
14 (2) Whoever commits the crime of cruelty to juveniles when the offender
15 is an owner, employee, volunteer, or agent of an early learning center, including
16 a child day care center, as defined in R.S. 17:407.33, acting in the course and
17 scope of the performance of his duties, shall be fined not less than five hundred
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1 dollars nor more than one thousand dollars, or imprisoned with or without hard
2 labor for not less than one year nor more than ten years, or both.
3 * * *
4 §93.2.3. Second degree cruelty to juveniles
5 * * *
6 C.(1) Whoever Except as provided in Paragraph (2) of this Subsection,
7 whoever commits the crime of second degree cruelty to juveniles shall be
8 imprisoned at hard labor for not more than forty years.
9 (2) Whoever commits the crime of second degree cruelty to juveniles
10 when the offender is an owner, employee, volunteer, or agent of an early
11 learning center, including a child day care center, as defined in R.S. 17:407.33,
12 acting in the course and scope of the performance of his duties, shall be
13 imprisoned at hard labor for not less than five years nor more than forty years.
14 Section 2. This Act shall become effective upon signature by the governor or, if not
15 signed by the governor, upon expiration of the time for bills to become law without signature
16 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
17 vetoed by the governor and subsequently approved by the legislature, this Act shall become
18 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 122 Original 2017 Regular Session Ward
Present law provides that the crime of cruelty to juveniles is any of the following:
(1) The intentional or criminally negligent mistreatment or neglect by anyone 17 years
of age or older of any child under the age of 17 years whereby unjustifiable pain or
suffering is caused to the child. Lack of knowledge of the child's age is not a defense.
(2) The intentional or criminally negligent exposure by anyone 17 years of age or older
of any child under the age of 17 years to a clandestine laboratory operation as
defined by present law in a situation where it is foreseeable that the child may be
physically harmed. Lack of knowledge of the child's age is not a defense.
(3) The intentional or criminally negligent allowing of any child under the age of 17
years by any person over the age of 17 years to be present during the manufacturing,
distribution, or purchasing or attempted manufacturing, distribution, or purchasing
of a controlled dangerous substance in violation of present law (Uniform Controlled
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Dangerous Substances Law). Lack of knowledge of the child's age is not a defense.
Proposed law retains present law.
Present law provides that whoever commits the crime of cruelty to juveniles is to be fined
up to $1,000, or imprisoned with or without hard labor for up to 10 years, or both.
Proposed law retains present law and adds that if the offender is an owner, employee,
volunteer, or agent of an early learning center, including a child day care center, as defined
in present law, acting in the course and scope of the performance of his duties, he is to be
fined between $500 and $1,000, or imprisoned with or without hard labor for between one
year and 10 years, or both.
Present law provides that the crime of second degree cruelty to juveniles is the intentional
or criminally negligent mistreatment or neglect by anyone over the age of 17 years to any
child under the age of 17 years that causes serious bodily injury or neurological impairment
to that child. Present law defines "serious bodily injury" as bodily injury involving protracted
and obvious disfigurement or protracted loss or impairment of the function of a bodily
member, organ, or mental faculty, or substantial risk of death.
Proposed law retains present law.
Present law provides that whoever commits the crime of second degree cruelty to juveniles
is to be imprisoned at hard labor for not more than 40 years.
Proposed law retains present law and adds that if the offender is an owner, employee,
volunteer, or agent of an early learning center, including a child day care center, as defined
in present law, acting in the course and scope of the performance of his duties, he is to be
imprisoned at hard labor for not less than five years nor more than 40 years.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:93(D) and 93.2.3(C))
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words in boldface type and underscored are additions.