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2017 Regular Session
SENATE BILL NO. 220
BY SENATOR ALARIO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME/PUNISHMENT. Provides relative to penalties for certain offenses. (8/1/17)
1 AN ACT
2 To amend and reenact R.S. 14:52(B), 54.1(B), 56(B)(1) and (2), 62.2(B), 62.8(B), 67(B),
3 67.25(D), 67.26(C), 68(B), 68.4(B), 68.7(B), 69(B) and (C), 70.2(C), 70.4(E), 71(C),
4 (D), (E), (F), and (G), 82(C)(3), 95.1(B), 202.1(C), and 230(E)(4) and R.S.
5 40:966(B), (C), (D), (E), and (F), 967(B) and (C), 968(B), 969(B) and (C), and
6 970(B) and (C), to enact R.S. 14:69(D) and Chapter 3 of Title 14 of the Louisiana
7 Revised Statutes of 1950, comprised of R.S. 14:601, and R.S. 40:967(D), and to
8 repeal R.S. 14:2(B)(8), (14), (25), and (29), 56.1, 56.2, 56.3, 67.1, 67.2, 67.3, 67.6,
9 67.7, 67.8, 67.9, 67.10, 67.18, 67.20, 67.21, 67.24, 67.25(E), 67.28, 67.30, 68.5,
10 71(H) and (I), 94(E) and (F), 95(J) and (K), and 211 and R.S. 40:966(G), (H) and (I)
11 and 967(F) and (G), relative to felony and misdemeanor offenses; to provide relative
12 to penalties for certain felony and misdemeanor offenses; to provide relative to
13 legislative findings and intent; to provide relative to create and provide for the
14 membership, duties, and reporting requirements of the Louisiana Felony Class
15 System Task Force; and to provide for related matters.
16 Be it enacted by the Legislature of Louisiana:
17 Section 1. R.S. 14:52(B), 54.1(B), 56(B)(1) and (2), 62.2(B), 62.8(B), 67(B),
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1 67.25(D), 67.26(C), 68(B), 68.4(B), 68.7(B), 69(B) and (C), 70.2(C), 70.4(E), 71(C), (D),
2 (E), (F), and (G), 82(C)(3), 95.1(B), 202.1(C), and 230(E)(4) are hereby enacted to read as
3 follows:
4 §52. Simple arson
5 * * *
6 B. Whoever commits the crime of simple arson, where the damage done
7 amounts to five hundred dollars or more, shall be fined not more than fifteen
8 thousand dollars and imprisoned at hard labor for not less than two years nor more
9 than fifteen years.
10 * * *
11 §54.1. Communicating of false information of planned arson
12 * * *
13 B. Whoever commits the crime of communicating of false information of
14 arson or attempted arson shall be imprisoned at hard labor for not more than twenty
15 fifteen years.
16 * * *
17 §56. Simple criminal damage to property
18 * * *
19 B.(1) Whoever commits the crime of simple criminal damage to property
20 where the damage is less than five hundred one thousand dollars shall be fined not
21 more than one thousand dollars or imprisoned for not more than six months, or both.
22 (2) Where the damage amounts to five hundred one thousand dollars but less
23 than fifty thousand dollars, the offender shall be fined not more than one thousand
24 dollars or imprisoned with or without hard labor for not more than two years, or
25 both.
26 * * *
27 §62.2. Simple burglary of an inhabited dwelling
28 * * *
29 B. Whoever commits the crime of simple burglary of an inhabited dwelling
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1 shall be imprisoned at hard labor for not less than one year, without benefit of parole,
2 probation or suspension of sentence, nor more than twelve years.
3 * * *
4 §62.8. Home invasion
5 * * *
6 B.(1) Except as provided in Paragraphs (2) and (3) of this Subsection,
7 whoever Whoever commits the crime of home invasion shall be fined not more than
8 five thousand dollars and shall be imprisoned at hard labor for not more than twenty-
9 five years not less than one year nor more than thirty years.
10 (2) Whoever commits the crime of home invasion while armed with a
11 dangerous weapon shall be fined not more than seven thousand dollars and shall be
12 imprisoned at hard labor for not less than five years nor more than thirty years.
13 (3) Whoever commits the crime of home invasion when, at the time of the
14 unauthorized entering, there is present in the dwelling or structure any person who
15 is under the age of twelve years, is sixty-five years of age or older, or who has a
16 developmental disability as defined in R.S. 28:451.2, shall be fined not more than ten
17 thousand dollars and shall be imprisoned at hard labor for not less than ten nor more
18 than twenty-five years. At least ten years of the sentence imposed shall be served
19 without benefit of parole, probation, or suspension of sentence.
20 * * *
21 §67. Theft
22 * * *
23 B.(1) Whoever commits the crime of theft when the misappropriation or
24 taking amounts to a value of twenty-five thousand dollars or more shall be
25 imprisoned, with or without at hard labor, for not less than five years nor more than
26 twenty years, or may be fined not more than fifty thousand dollars, or both.
27 (2) When the misappropriation or taking amounts to a value of five thousand
28 dollars or more, but less than a value of twenty-five thousand dollars, the offender
29 shall be imprisoned, with or without hard labor, for not more than ten years, or may
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1 be fined not more than ten thousand dollars, or both.
2 (3) When the misappropriation or taking amounts to a value of seven hundred
3 fifty one thousand dollars or more, but less than a value of five thousand dollars, the
4 offender shall be imprisoned, with or without hard labor, for not more than five
5 years, or may be fined not more than three thousand dollars, or both.
6 (4) When the misappropriation or taking amounts to less than a value of
7 seven hundred fifty one thousand dollars, the offender shall be imprisoned for not
8 more than six months, or may be fined not more than one thousand dollars, or both.
9 If the offender in such cases has been convicted of theft two or more times
10 previously, upon any subsequent conviction he shall be imprisoned, with or without
11 hard labor, for not more than two years, or may be fined not more than two thousand
12 dollars, or both.
13 * * *
14 §67.25. Organized retail theft
15 * * *
16 D.(1) Whoever commits the crime of organized retail theft when the
17 aggregate amount of the misappropriation, taking, purchasing, possessing, procuring,
18 receiving, or concealing in any one-hundred-eighty-day period amounts to a value
19 less than five hundred of twenty-five thousand dollars or more shall be imprisoned
20 with or without at hard labor for not more than two twenty years, or may be fined
21 not more than two fifty thousand dollars, or both.
22 E.(2) Whoever commits the crime of organized retail theft when the
23 aggregate amount of the misappropriation, taking, purchasing, possessing, procuring,
24 receiving, or concealing in any one-hundred-eighty-day period amounts to a value
25 more than five hundred of five thousand dollars or more, but less than a value of
26 twenty-five thousand dollars shall be imprisoned with or without hard labor for not
27 more than ten years, or may be fined not more than ten thousand dollars, or both.
28 (3) Whoever commits the crime of organized retail theft when the
29 aggregate amount of the misappropriation, taking, purchasing, possessing,
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1 procuring, receiving, or concealing in any one-hundred-eighty-day period
2 amounts to a value of one thousand dollars or more but less than a value of five
3 thousand dollars shall be imprisoned, with or without hard labor, for not more
4 than five years.
5 (4) When the misappropriation or taking amounts to less than a value of
6 one thousand dollars, the offender shall be imprisoned for not more than six
7 months, or may be fined not more than one thousand dollars, or both. If the
8 offender in such cases has been convicted of theft two or more times previously,
9 upon any subsequent conviction the offender shall be imprisoned, with or
10 without hard labor, for not more than two years, or fined not more than two
11 thousand dollars, or both.
12 §67.26. Theft of a motor vehicle
13 * * *
14 C.(1) Whoever commits the crime of theft of a motor vehicle when the
15 misappropriation or taking amounts to a sum of one thousand five hundred dollars
16 or more shall be imprisoned, with or without hard labor, for not more than ten years
17 value of twenty-five thousand dollars or more shall be imprisoned at hard labor
18 for not more than twenty years, or may be fined not more than three thousand
19 dollars, or both.
20 (2) Whoever commits the crime of theft of a motor vehicle when the
21 misappropriation or taking amounts to a sum of five hundred dollars or more but less
22 than one thousand five hundred dollars shall be imprisoned, with or without hard
23 labor, for not more than five years value of five thousand dollars or more, but less
24 than a value of twenty-five thousand dollars, shall be imprisoned at hard labor
25 for not more than ten years, or may be fined not more than two ten thousand
26 dollars, or both.
27 (3) Whoever commits the crime of theft of a motor vehicle when the
28 misappropriation or taking amounts to a sum of less than five hundred dollars shall
29 be imprisoned for not more than six months value of one thousand dollars or more
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1 but less than a value of five thousand dollars shall be imprisoned, with or
2 without hard labor, for not more than five years, or may be fined not more than
3 one three thousand dollars, or both.
4 (4) When the misappropriation or taking amounts to less than a value of
5 one thousand dollars, the offender shall be imprisoned for not more than six
6 months, or fined not more than one thousand dollars, or both. If the offender
7 in such cases has been convicted of theft two or more times previously, then
8 upon any subsequent conviction the offender shall be imprisoned for not more
9 than two years, or fined not more than two thousand dollars, or both.
10 * * *
11 §68. Unauthorized use of a movable
12 * * *
13 B. Whoever commits the crime of unauthorized use of a movable having a
14 value of five hundred one thousand dollars or less shall be fined not more than five
15 hundred dollars, imprisoned for not more than six months, or both. Whoever
16 commits the crime of unauthorized use of a movable having a value in excess of five
17 hundred one thousand dollars shall be fined not more than five thousand dollars,
18 imprisoned, with or without hard labor, for not more than five two years, or both.
19 * * *
20 §68.4. Unauthorized use of a motor vehicle
21 * * *
22 B. Whoever commits the crime of unauthorized use of a motor vehicle shall
23 be fined not more than five thousand dollars or imprisoned with or without hard
24 labor for not more than ten two years or both.
25 * * *
26 §68.7. Receipts and universal product code labels; unlawful acts
27 * * *
28 B.(1) Except as provided in Paragraphs (3) and (4) of this Subsection,
29 whoever violates the provisions of this Section shall be subject to the following
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1 penalties:
2 (a) When the fair market value of the goods which are the subject of the
3 falsified retail sales receipts or universal product code labels, as described in
4 Subsection A of this Section, equals one thousand five hundred dollars or more,
5 imprisonment, with or without hard labor, for not more than ten years amounts to
6 a value of twenty-five thousand dollars or more, the offender shall be
7 imprisoned at hard labor for not more than twenty years, or a fine not to exceed
8 three twenty-five thousand dollars, or both.
9 (b) When the fair market value of the goods which are the subject of the
10 falsified retail sales receipts or universal product code labels, as described in
11 Subsection A of this Section, equals five hundred dollars or more but less than one
12 thousand five hundred dollars, imprisonment, with or without hard labor, for not
13 more than five years amounts to a value of five thousand dollars or more, but less
14 than a value of twenty-five thousand dollars, shall be imprisoned, with or
15 without hard labor, for not more than ten years, or a fine of not more than two
16 ten thousand dollars, or both.
17 (c) When the fair market value of the goods which are the subject of the
18 falsified retail sales receipts or universal product code labels, as described in
19 Subsection A of this Section, is less than five hundred dollars, imprisonment for not
20 more than six months amounts to a value of one thousand dollars or more but
21 less than five thousand dollars, the offender shall be imprisoned, with or
22 without hard labor, for not more than five years, or a fine not to exceed five
23 hundred three thousand dollars, or both. If a person is convicted of violating the
24 provisions of this Section in a manner consistent with this Subparagraph two or more
25 times previously, upon any subsequent conviction, he shall be imprisoned, with or
26 without hard labor, for not more than two years, or may be fined not more than two
27 thousand dollars, or both.
28 (d) When the fair market value of the goods which are the subject of the
29 falsified retail sales receipts or universal product code labels, as described in
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1 Subsection A of this Section, amounts to a value of less than one thousand
2 dollars, the offender shall be imprisoned for not more than six months, or fined
3 not more than five hundred dollars, or both. If a person is convicted of violating
4 the provisions of this Section in a manner consistent with this Subparagraph
5 two or more times previously, upon any subsequent conviction, he shall be
6 imprisoned, with or without hard labor, for not more than two years, or fined
7 not more than two thousand dollars, or both.
8 (2) When there has been a violation of this Section by a number of distinct
9 acts of the offender, the aggregate amount of the goods taken shall determine the
10 grade of the offense.
11 (3) Possessing more than one fraudulent retail sales receipt or universal
12 product code label in violation of the provisions of this Section shall be punishable
13 by imprisonment, with or without hard labor, for a period not to exceed ten years, or
14 a fine not to exceed three thousand dollars, or both.
15 (4) Possessing a device which has as its specific purpose the manufacture of
16 fraudulent retail sales receipts or universal product code labels in violation of the
17 provisions of this Section shall be punishable by imprisonment, with or without hard
18 labor, for a period not to exceed five years, or a fine not to exceed three thousand
19 dollars, or both.
20 §69. Illegal possession of stolen things
21 * * *
22 B.(1) Whoever commits the crime of illegal possession of stolen things, when
23 the value of the things is one thousand five hundred dollars or more, shall be
24 imprisoned, with or without hard labor, for not more than ten years twenty-five
25 thousand dollars or more, shall be imprisoned at hard labor for not more than
26 twenty years, or may be fined not more than three fifty thousand dollars, or both.
27 (2) When the value of the stolen things is five hundred dollars or more, but
28 less than one thousand five hundred dollars, the offender shall be imprisoned, with
29 or without hard labor, for not more than five years five thousand dollars or more,
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1 but less than a value of twenty-five thousand dollars, the offender shall be
2 imprisoned, with or without hard labor, for not more than ten years, or may be
3 fined not more than two ten thousand dollars, or both.
4 (3) When the value of the stolen things is one thousand dollars or more,
5 but less than a value of five thousand dollars, the offender shall be imprisoned,
6 with or without hard labor, for not more than five years, or may be fined not
7 more than three thousand dollars, or both.
8 (4) When the value of the stolen things is less than five hundred one
9 thousand dollars, the offender shall be imprisoned for not more than six months or
10 may be fined not more than one thousand dollars, or both. If the offender in such
11 cases has been convicted of receiving stolen things or illegal possession of stolen
12 things theft two or more times previously, upon any subsequent conviction, he shall
13 be imprisoned, with or without hard labor, for not more than two years, or may be
14 fined not more than two thousand dollars, or both.
15 (4)C. When the offender has committed the crime of illegal possession of
16 stolen things by a number of distinct acts, the aggregate of the amount of the things
17 so received shall determine the grade of the offense.
18 C.D. It shall be an affirmative defense to a violation of this Section
19 committed by means of possessing, that the accused, within seventy-two hours of his
20 acquiring knowledge or good reason to believe that a thing was the subject of
21 robbery or theft, reports that fact or belief in writing to the district attorney in the
22 parish of his domicile.
23 * * *
24 §70.2. Refund or access device application fraud
25 * * *
26 C.(1) Whoever commits the crime of refund fraud shall be fined not more
27 than five hundred dollars or imprisoned for not more than six months, or both.
28 (2) Whoever commits the crime of access device application fraud when the
29 misappropriation or taking amounts to a value of one thousand five hundred dollars
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1 or more shall be imprisoned, with or without hard labor, for not more than ten years
2 twenty-five thousand dollars or more shall be imprisoned at hard labor for not
3 more than twenty years, or may be fined not more than three fifty thousand dollars,
4 or both.
5 (3) When Whoever commits the crime of access device application fraud
6 when the misappropriation or taking amounts to a value of five hundred thousand
7 dollars or more, but less than a value of one twenty-five thousand five hundred
8 dollars, the offender shall be imprisoned, with or without hard labor, for not more
9 than five ten years, or may be fined not more than two ten thousand dollars, or both.
10 (4) Whoever commits the crime of access device application fraud when
11 the misappropriation or taking amounts to a value of one thousand dollars or
12 more but less than a value of five thousand dollars shall be imprisoned, with or
13 without hard labor, for not more than five years, or may be fined not more than
14 three thousand dollars, or both.
15 (5) When the misappropriation or taking amounts to less than a value of five
16 hundred one thousand dollars, the offender shall be imprisoned for not more than
17 six months, or may be fined not more than five hundred dollars, or both. If the
18 offender in such cases has been convicted of theft two or more times previously,
19 upon any subsequent conviction he shall be imprisoned, with or without hard labor,
20 for not more than two years, or may be fined not more than one two thousand
21 dollars, or both.
22 * * *
23 §70.4. Access device fraud
24 * * *
25 E.(1) A person who commits the crime of access device fraud when the
26 misappropriation or taking amounts to a value of one twenty-five thousand five
27 hundred dollars or more shall be imprisoned, with or without at hard labor, for not
28 more than ten twenty years, or fined not more than five twenty-five thousand
29 dollars, or both.
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1 (2) When the misappropriation or taking amounts to a value of at least five
2 hundred five thousand dollars or more, but less than a value of one thousand five
3 hundred twenty-five thousand dollars, the offender shall be imprisoned, with or
4 without hard labor, for not more than five ten years, or fined not more than three ten
5 thousand dollars, or both.
6 (3) When the misappropriation or taking amounts to a value of one
7 thousand dollars or more, but less than a value of five thousand dollars, the
8 offender shall be imprisoned, with or without hard labor, for not more than five
9 years, or may be fined not more than three thousand dollars, or both.
10 (4) When the misappropriation or taking amounts to a value of less than five
11 hundred one thousand dollars, the offender shall be imprisoned for not more than
12 six months or fined not more than five hundred dollars, or both.
13 (4)(5) Upon a third or subsequent conviction of a violation of the provisions
14 of this Section theft, the offender shall be imprisoned, with or without hard labor,
15 for not more than ten two years, or may be fined not more than ten two thousand
16 dollars, or both.
17 * * *
18 §71. Issuing worthless checks
19 * * *
20 C.(1) Whoever commits the crime of issuing worthless checks, when the
21 amount of the check or checks is one thousand five hundred twenty-five thousand
22 dollars or more, shall be imprisoned, with or without at hard labor, for not more than
23 ten twenty years, or may be fined not more than three fifty thousand dollars, or both.
24 D.(2) When the amount of the check or checks is five hundred thousand
25 dollars or more, but less than one twenty-five thousand five hundred dollars, the
26 offender shall be imprisoned, with or without hard labor, for not more than five ten
27 years, or may be fined not more than two ten thousand dollars, or both.
28 (3) When the amount of the check or checks is more than one thousand
29 dollars, but less than five thousand dollars, the offender shall be imprisoned,
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1 with or without hard labor, for not more than five years, or may be fined not
2 more than three thousand dollars, or both.
3 E.(4) When the amount of the check or checks is less than five hundred one
4 thousand dollars, the offender shall be imprisoned for not more than six months, or
5 may be fined not more than five hundred dollars, or both. If the offender in such
6 cases has been convicted of issuing worthless checks theft two or more times
7 previously, upon any subsequent conviction he shall be imprisoned, with or without
8 hard labor, for not more than two years, or may be fined not more than one two
9 thousand dollars, or both.
10 F.D. When the offender has issued more than one worthless check within a
11 one hundred eighty-day period, the amount of several or all worthless checks issued
12 during that one hundred eighty-day period may be aggregated to determine the grade
13 of the offense.
14 G.E. In addition to any other fine or penalty imposed under this Section, the
15 court shall order as part of the sentence restitution in the amount of the check or
16 checks, plus a fifteen dollar per check service charge payable to the person or entity
17 that initially honored the worthless check or checks, an authorized collection agency,
18 or justice of the peace. In the event the fifteen dollar per check service charge is paid
19 to a person or entity other than one who initially honored the worthless check or
20 checks, the court shall also order as part of the sentence restitution equal to the
21 amount that the bank or other depository charged the person or entity who initially
22 honored the worthless check, plus the actual cost of notifying the offender of
23 nonpayment as required in Paragraph A(2)(A)(2).
24 H.F. In any prosecution for a violation of this Section, the prosecution may
25 enter as evidence of a violation of this Section any check, draft, or order for the
26 payment of money upon any bank or other depository which the bank or other
27 depository has refused to honor because the person who issued the check, draft, or
28 order did not have sufficient credit with the bank or other depository for the payment
29 of that check, draft, or order in full upon its presentation.
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1 I.G. In addition to the provisions of Subsection H F, in any prosecution for
2 a violation of this Section, the prosecution may enter as evidence of a violation of
3 this Section any tangible copy, facsimile, or other reproduction of the check, draft,
4 or order, or any electronic reproduction of the check, draft, or order, or any other
5 form of the record of the check, draft, or order, provided that the tangible copy,
6 facsimile, or other reproduction, or the electronic reproduction, or the other form of
7 the record of the check, draft, or order has been made, recorded, stored, and
8 reproduced in accordance with the requirements of the Louisiana Office of Financial
9 Institutions, or in accordance with the requirements of the federal agency which
10 regulates the bank or other depository, and provided that the appropriate officer of
11 the bank or other depository has certified that the tangible copy, facsimile, or other
12 reproduction, or the electronic copy, or the other form of the record of the check,
13 draft, or order for the payment of money has been made, stored, and reproduced in
14 accordance with the requirements of the Louisiana Office of Financial Institutions,
15 or in accordance with the requirements of the federal agency which regulates the
16 bank or other depository, and is a true and correct record of the transaction involving
17 the check, draft, or order upon which the prosecution is based.
18 * * *
19 §82. Prostitution; definition; penalties; enhancement
20 * * *
21 C.(1) * * *
22 * * *
23 (3) On a third and subsequent conviction, the offender shall be imprisoned,
24 with or without hard labor, for not less than two nor more than four years and shall
25 be fined not less than five hundred dollars nor more than four thousand dollars.
26 * * *
27 §95.1. Possession of firearm or carrying concealed weapon by a person convicted of
28 certain felonies
29 * * *
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1 B. Whoever is found guilty of violating the provisions of this Section shall
2 be imprisoned at hard labor for not less than ten five nor more than twenty years
3 without the benefit of probation, parole, or suspension of sentence and be fined not
4 less than one thousand dollars nor more than five thousand dollars. Notwithstanding
5 the provisions of R.S. 14:27, whoever is found guilty of attempting to violate the
6 provisions of this Section shall be imprisoned at hard labor for not more than seven
7 and one-half years and fined not less than five hundred dollars nor more than two
8 thousand five hundred dollars.
9 * * *
10 §202.1. Residential contractor fraud; penalties
11 * * *
12 C.(1) When the misappropriation or intentional taking amounts to a value of
13 less than five hundred one thousand dollars, the offender shall be imprisoned for not
14 more than six months, fined not more than one thousand dollars, or both. If the
15 offender in such cases has been convicted of theft two or more times previously,
16 then upon conviction the offender shall be imprisoned, with or without hard
17 labor, for not more than two years, or fined not more than two thousand
18 dollars.
19 (2) When the misappropriation or intentional taking amounts to a value of
20 five hundred one thousand dollars or more, but less than one five thousand five
21 hundred dollars, the offender shall be imprisoned, with or without hard labor, for not
22 more than five years, or may be fined not more than two three thousand dollars, or
23 both.
24 (3) When the misappropriation or intentional taking amounts to a value of
25 one five thousand five hundred dollars or more but less than twenty-five thousand
26 dollars, the offender shall be imprisoned, with or without hard labor, for not more
27 than ten years, or may be fined not more than three ten thousand dollars, or both.
28 (4) When the misappropriation or intentional taking amounts to a value
29 of twenty-five thousand dollars or more, the offender shall be imprisoned at
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1 hard labor for not more than twenty years, or may be fined not more than fifty
2 thousand dollars, or both.
3 (5) In determining the amount of the misappropriation or intentional taking,
4 the court shall include the cost of repairing work fraudulently performed by the
5 contractor and the cost of completing work for which the contractor was paid but did
6 not complete.
7 * * *
8 §230. Money laundering; transactions involving proceeds of criminal activity
9 * * *
10 E.(1) * * *
11 (4) Whoever violates the provisions of this Section, if the value of the funds
12 is one hundred thousand dollars or more, shall be imprisoned at hard labor for not
13 less than five two years nor more than ninety-nine fifty years and may be fined not
14 more than fifty thousand dollars.
15 * * *
16 CHAPTER 3. LOUISIANA FELONY CLASS SYSTEM TASK FORCE
17 §601. Louisiana Felony Class System Task Force
18 A. The legislature hereby finds that it is in the best interest of the public
19 to have, to the greatest extent possible, a clear, regular, and simple sentencing
20 system, whereby nearly every felony offense falls into a class, with sentencing
21 to be imposed by designated class, to ensure consistency across crimes of similar
22 severity and greater transparency for victims, defendants, and criminal justice
23 practitioners. Such a system will henceforth be referred to as a felony class
24 system.
25 B. Accordingly, the Legislature of Louisiana hereby authorizes and
26 directs the creation of the Louisiana Felony Class System Task Force to study,
27 evaluate, and develop a recommendation for a felony class system to the
28 legislature before the 2018 Regular Session of the Louisiana Legislature.
29 C.(1) The membership of the task force shall be as follows:
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1 (a) Three persons designated by the president of Louisiana District
2 Attorneys Association.
3 (b) Three persons designated by the state public defender.
4 (c) Three persons designated by the chief justice of the Louisiana
5 Supreme Court.
6 (2)(a) The names of the persons who are to serve on the task force shall
7 be submitted to the chief justice of the Louisiana Supreme Court on or before
8 July 1, 2017.
9 (b) The chief justice shall call the first meeting of the task force, which
10 meeting shall be held on or before July 15, 2017.
11 (c) At the first meeting of the task force, its members shall elect from
12 their membership a chairman and vice chairman and such other officers as the
13 task force may deem advisable. The chief justice, or the chief justice's designee,
14 shall preside over the task force until a chairman is elected.
15 (d) The task force shall meet a minimum of six times between July 15,
16 2017, and February 1, 2018, and may hold public hearings as part of its
17 evaluation process. Meetings of the task force shall be held in the state capital.
18 D. The task force shall prepare and submit a final report of its findings
19 and recommendations, including but not limited to any specific and complete
20 draft legislation, to the governor, the speaker of the House of Representatives,
21 the president of the Senate, the chairman of the House Committee on
22 Administration of Criminal Justice, the chairman of the Senate Committee on
23 Judiciary C, and the chief justice of the Louisiana Supreme Court, no later than
24 February 1, 2018. The report shall be made available to the public and the task
25 force shall be abolished upon submission of the report.
26 E.(1) The task force may apply for, contract for, receive, and expend for
27 purposes of this Chapter any appropriation or grant from the state, its political
28 subdivisions, the federal government, or any other public or private source.
29 (2) The books and records of the task force shall be subject to audit by
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1 the legislative auditor pursuant to R.S. 24:513.
2 F. This Chapter shall become null and of no effect on February 2, 2018.
3 Section 2. R.S. 40:966(B), (C), (D), (E), and (F), 967(B) and (C), 968(B), 969(B)
4 and (C), and 970(B) and (C) are hereby amended and reenacted and R.S. 40:967(D) is
5 hereby enacted to read as follows:
6 §966. Penalty for distribution or possession with intent to distribute narcotic drugs
7 listed in Schedule I; possession of marijuana, possession of synthetic
8 cannabinoids, possession of heroin
9 * * *
10 B. Penalties for violation Violations of Subsection A of this Section. Any
11 person who violates Subsection A of this Section with respect to:
12 (1) Except as otherwise provided in Paragraph (4) Paragraphs (2) and (3)
13 of this Subsection, for a substance classified in Schedule I that is a narcotic drug (all
14 substances in Schedule I preceded by an asterisk "*"), upon conviction shall be
15 sentenced to imprisonment at hard labor for not less than ten nor more than fifty
16 years, at least ten years of which shall be served without benefit of probation or
17 suspension of sentence, and may, in addition, be required to pay a fine of not more
18 than fifty thousand dollars. for an amount of:
19 (a) An aggregate weight of less than twenty-eight grams, shall be
20 imprisoned, with or without hard labor, for not less than one year nor more
21 than ten years.
22 (b) An aggregate weight of twenty-eight grams or more, shall be
23 imprisoned at hard labor for not less than one year nor more than twenty years.
24 (2) Except as otherwise provided in Paragraph (3) of this Subsection, any
25 other controlled dangerous substance classified in Schedule I, shall upon conviction
26 be sentenced to a term of imprisonment at hard labor for not less than five years nor
27 more than thirty years, at least five years of which shall be served without benefit of
28 parole, probation, or suspension of sentence, and pay a fine of not more than fifty
29 thousand dollars.
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1 (3) A substance classified in Schedule I which is marijuana,
2 tetrahydrocannabinols, or chemical derivatives of tetrahydrocannabinols, or synthetic
3 cannabinoids shall upon conviction be sentenced to a term of imprisonment at hard
4 labor for not less than five nor more than thirty years, and pay a fine of not more than
5 fifty thousand dollars. for an amount of:
6 (a) An aggregate weight of less than two and one half pounds, shall be
7 imprisoned, with or without hard labor, for not less than one year nor more
8 than ten years, and pay a fine of not more than fifty thousand dollars.
9 (b) An aggregate weight of two and one half pounds or more, shall be
10 imprisoned at hard labor for not less than one year nor more than twenty years
11 and pay a fine of not more than fifty thousand dollars.
12 (4)(a)(3) A substance classified in Schedule I that is the narcotic drug heroin
13 or a mixture or substance containing a detectable amount of heroin or of its
14 analogues upon conviction of a first offense shall be sentenced to a term of
15 imprisonment at hard labor for not less than ten nor more than fifty years, at least ten
16 years of which shall be served without benefit of probation or suspension of
17 sentence, and may, in addition, be required to pay a fine of not more than fifty
18 thousand dollars. for an amount of:
19 (a) An aggregate weight of less than twenty-eight grams, shall be
20 imprisoned at hard labor for not less than one year nor more than twenty years
21 and may, in addition, be required to pay a fine of not more than fifty thousand
22 dollars.
23 (b) An aggregate weight of twenty-eight grams or more, shall be
24 imprisoned at hard labor for not less than two years nor more than forty years
25 and may, in addition, be required to pay a fine of not more than fifty thousand
26 dollars.
27 (b) A substance classified in Schedule I that is the narcotic drug heroin or a
28 mixture or substance containing a detectable amount of heroin or of its analogues
29 upon conviction of a second or subsequent offense shall be sentenced to a term of
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1 imprisonment at hard labor for not less than ten nor more than ninety-nine years, at
2 least ten years of which shall be served without benefit of probation or suspension
3 of sentence, and may, in addition, be required to pay a fine of not more than fifty
4 thousand dollars.
5 C. Possession. It is unlawful for any person knowingly or intentionally to
6 possess a controlled dangerous substance classified in Schedule I unless such
7 substance was obtained directly, or pursuant to a valid prescription or order, from a
8 practitioner or as provided in R.S. 40:978, while acting in the course of his
9 professional practice, or except as otherwise authorized by this Part. Any person who
10 violates this Subsection with respect to:
11 (1) A substance classified in Schedule I which is a narcotic drug (all
12 substances in Schedule I preceded by an asterisk), shall be imprisoned at hard labor
13 for not less than four years nor more than ten years and may, in addition, be required
14 to pay a fine of not more than five thousand dollars. Except as otherwise provided
15 in Paragraphs (2), (3), (4), and (5) of this Subsection, a substance classified in
16 Schedule I for an amount of:
17 (a) An aggregate weight of less than two grams, shall be imprisoned, with
18 or without hard labor, for not more than two years and may, in addition, be
19 required to pay a fine of not more than five thousand dollars.
20 (b) An aggregate weight of two grams or more but less than twenty-eight
21 grams, shall be imprisoned, with or without hard labor, for not less than one
22 year nor more than ten years and may, in addition, be required to pay a fine of
23 not more than five thousand dollars.
24 (2) Phencyclidine, shall be sentenced to imprisonment with or without hard
25 labor for not less than five nor more than twenty years and may be sentenced for an
26 amount of an aggregate weight of less than twenty-eight grams, shall be
27 imprisoned at hard labor for not less than one year nor more than twenty years,
28 or required to pay a fine of not more than five thousand dollars, or both.
29 (3) Any other controlled dangerous substance classified in Schedule I, shall
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1 be imprisoned at hard labor for not more than ten years, and may in addition, be
2 required to pay a fine of not more than five thousand dollars.
3 D. Other penalties for possession. (1) Except as otherwise authorized in this
4 Part:
5 (a) Any person who knowingly or intentionally possesses twenty-eight grams
6 or more, but less than two hundred grams, of a narcotic drug (all substances in
7 Schedule I preceded by an asterisk "*"), shall be sentenced to serve a term of
8 imprisonment at hard labor of not less than five years, nor more than thirty years, and
9 to pay a fine of not less than fifty thousand dollars, nor more than one hundred fifty
10 thousand dollars.
11 (b) Any person who knowingly or intentionally possesses two hundred grams
12 or more, but less than four hundred grams, of a narcotic drug (all substances in
13 Schedule I preceded by an asterisk "*"), shall be sentenced to serve a term of
14 imprisonment at hard labor of not less than ten years, nor more than thirty years, and
15 to pay a fine of not less than one hundred thousand dollars, nor more than three
16 hundred fifty thousand dollars.
17 (c) Any person who knowingly or intentionally possesses four hundred grams
18 or more of a narcotic drug (all substances in Schedule I preceded by an asterisk "*"),
19 shall be sentenced to serve a term of imprisonment at hard labor of not less than
20 fifteen years, nor more than thirty years, and to pay a fine of not less than two
21 hundred fifty thousand dollars, nor more than six hundred thousand dollars.
22 E.(1) Possession of marijuana.
23 (a) Except as provided in Subsection F of this Section, on a conviction for
24 violation of Subsection C of this Section with regard to marijuana,
25 tetrahydrocannabinol, or chemical derivatives thereof, the offender shall be punished
26 as follows:
27 (3) A substance classified in Schedule I that is marijuana,
28 tetrahydrocannabinol, or chemical derivatives thereof, the offender shall be
29 punished as follows:
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1 (i)(a) On a first conviction, wherein the offender possesses fourteen grams
2 or less, the offender shall be fined not more than three hundred dollars, imprisoned
3 in the parish jail for not more than fifteen days, or both.
4 (ii)(b) On a first conviction, wherein the offender possesses more than
5 fourteen grams, the offender shall be fined not more than five hundred dollars,
6 imprisoned in the parish jail for not more than six months, or both.
7 (iii)(c) Any person who has been convicted of a violation of the provisions
8 of Item (i) or (ii) of this Subparagraph (a) or (b) of this Paragraph and who has not
9 been convicted of any other violation of a statute or ordinance prohibiting the
10 possession of marijuana for a period of two years from the date of completion of
11 sentence, probation, parole, or suspension of sentence shall not be eligible to have
12 the conviction used as a predicate conviction for enhancement purposes. The
13 provisions of this Subparagraph Paragraph shall occur only once with respect to any
14 person.
15 (b) Except as provided in Subsection F of this Section, on a second
16 conviction for violation of Subsection C of this Section with regard to marijuana,
17 tetrahydrocannabinol or chemical derivatives thereof, the offender shall be fined not
18 more than one thousand dollars, imprisoned in the parish jail for not more than six
19 months, or both.
20 (d) On a second conviction the offender shall be fined not more than one
21 thousand dollars, imprisoned in the parish jail for not more than six months, or
22 both.
23 (c)(i) Except as provided in Subsection F of this Section, on a third
24 conviction for violation of Subsection C of this Section with regard to marijuana,
25 tetrahydrocannabinol or chemical derivatives thereof, the offender shall be sentenced
26 to imprisonment with or without hard labor for not more than two years, shall be
27 fined not more than two thousand five hundred dollars, or both.
28 (e)(i) On a third conviction the offender shall be sentenced to
29 imprisonment, with or without hard labor, for not more than two years, shall
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1 be fined not more than two thousand five hundred dollars.
2 (ii) If the court places the offender on probation, the probation shall provide
3 for a minimum condition that he participate in a court-approved substance abuse
4 program and perform four eight-hour days of court-approved community service
5 activities. Any costs associated with probation shall be paid by the offender.
6 (d)(i) Except as provided in Subsection F of this Section, on a fourth or
7 subsequent conviction for violation of Subsection C of this Section with regard to
8 marijuana, tetrahydrocannabinol or chemical derivatives thereof, the offender shall
9 be sentenced to imprisonment with or without hard labor for not more than eight
10 years, shall be fined not more than five thousand dollars, or both.
11 (f)(i) On a fourth or subsequent conviction the offender shall be
12 sentenced to imprisonment with or without hard labor for not more than eight
13 years, shall be fined not more than five thousand dollars, or both.
14 (ii) If the court places the offender on probation, the probation shall provide
15 for a minimum condition that he participate in a court-approved substance abuse
16 program and perform four eight-hour days of court-approved community service
17 activities. Any costs associated with probation shall be paid by the offender.
18 (e)(g) Except as provided in Item (a)(iii) Subparagraph (c) of this
19 Paragraph, a conviction for the violation of any other statute or ordinance with the
20 same elements as Subsection C of this Section prohibiting the possession of
21 marijuana, tetrahydrocannabinol or chemical derivatives thereof, shall be considered
22 as a prior conviction for the purposes of this Subsection relating to penalties for
23 second, third, or subsequent offenders.
24 (f)(h) Except as provided in Item (a)(iii) Subparagraph (c) of this
25 Paragraph, a conviction for the violation of any other statute or ordinance with the
26 same elements as Paragraph (B)(3) of this Section prohibiting the distributing or
27 dispensing or possession with intent to distribute or dispense marijuana,
28 tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids shall
29 be considered as a prior conviction for the purposes of this Subsection relating to
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1 penalties for second, third, or subsequent offenders.
2 (2) Possession of synthetic cannabinoids. (a) Except as provided in
3 Subsections F and G of this Section, on a first conviction for violation of Subsection
4 C of this Section with regard to synthetic cannabinoids, the offender shall be fined
5 not more than five hundred dollars, imprisoned for not more than six months, or
6 both.
7 (b) Except as provided in Subsections F and G of this Section, on a second
8 conviction for violation of Subsection C of this Section with regard to synthetic
9 cannabinoids, the offender shall be fined not less than two hundred fifty dollars nor
10 more than two thousand dollars, imprisoned with or without hard labor for not more
11 than five years, or both.
12 (c) Except as provided in Subsections F and G of this Section, on a third or
13 subsequent conviction for violation of Subsection C of this Section with regard to
14 synthetic cannabinoids, the offender shall be sentenced to imprisonment with or
15 without hard labor for not more than twenty years, and may, in addition, be fined not
16 more than five thousand dollars.
17 (d) A conviction for the violation of any other provision of law or ordinance
18 with the same elements as Subsection C of this Section prohibiting the possession
19 of synthetic cannabinoids shall be considered a prior conviction for the purposes of
20 this Paragraph relating to penalties for second, third, or subsequent offenses.
21 (4) A substance classified in Schedule I which is a synthetic cannabinoid,
22 the offender shall be punished as follows:
23 (a) On a first conviction, the offender shall be fined not more than five
24 hundred dollars, imprisoned for not more than six months, or both.
25 (b) On a second conviction, the offender shall be fined not less than two
26 hundred fifty dollars nor more than two thousand dollars, imprisoned with or
27 without hard labor for not more than five years, or both.
28 (c) On a third or subsequent conviction, the offender shall be sentenced
29 to imprisonment at hard labor for not more than twenty years, and may, in
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1 addition, be fined not more than five thousand dollars.
2 (d) A conviction for the violation of any other provision of law or
3 ordinance with the same elements as this Subsection prohibiting the possession
4 of synthetic cannabinoids shall be considered a prior conviction for the purposes
5 of this Paragraph relating to penalties for second, third, or subsequent offenses.
6 (e) A conviction for the violation of any other provision of law or ordinance
7 with the same elements as Paragraph (B)(3) of this Section prohibiting the
8 distributing or dispensing or possession with intent to distribute or dispense synthetic
9 cannabinoids shall be considered a prior conviction for the purposes of this
10 Paragraph relating to penalties for second, third, or subsequent offenses.
11 (f) If the court places the offender on probation, the probation shall provide
12 for a minimum condition that he participate in a court-approved substance abuse
13 program and perform four eight-hour days of court-approved community service
14 activities. Any costs associated with probation shall be paid by the offender.
15 (5) A substance classified in Schedule I that is the narcotic drug heroin
16 or a mixture or substance containing a detectable amount of heroin or of its
17 analogues, or fentanyl or a mixture or substance containing a detectable amount
18 of fentanyl or its analogues, upon conviction for an amount:
19 (a) An aggregate weight of less than two grams, shall be sentenced to a
20 term of imprisonment, with or without hard labor, for not less than two years
21 nor more than four years and may, in addition, be required to pay a fine of not
22 more than five thousand dollars. If the sentence is suspended pursuant to Code
23 of Criminal Procedure Article 893.1, then the court shall order treatment as a
24 condition of probation.
25 (b) An aggregate weight of two grams or more but less than twenty-eight
26 grams, shall be sentenced to a term of imprisonment, with or without hard
27 labor, for not less than one year nor more than ten years and may, in addition
28 be required to pay a fine of not more than five thousand dollars.
29 F. Except as otherwise authorized in this Part:
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1 (1) Any person who knowingly or intentionally possesses two and one-half
2 pounds or more, but less than sixty pounds of marijuana, tetrahydrocannabinol or
3 chemical derivatives thereof, or synthetic cannabinoids shall be sentenced to serve
4 a term of imprisonment with or without hard labor of not less than two years, nor
5 more than ten years, and to pay a fine of not less than ten thousand dollars nor more
6 than thirty thousand dollars.
7 (2) Any person who knowingly or intentionally possesses sixty pounds or
8 more, but less than two thousand pounds of marijuana, tetrahydrocannabinol or
9 chemical derivatives thereof, or synthetic cannabinoids shall be sentenced to serve
10 a term of imprisonment at hard labor of not less than five years, nor more than thirty
11 years, and to pay a fine of not less than fifty thousand dollars nor more than one
12 hundred thousand dollars.
13 (3) Any person who knowingly or intentionally possesses two thousand
14 pounds or more, but less than ten thousand pounds of marijuana,
15 tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids shall
16 be sentenced to serve a term of imprisonment at hard labor of not less than ten years
17 nor more than forty years, and to pay a fine of not less than one hundred thousand
18 dollars nor more than four hundred thousand dollars.
19 (4) Any person who knowingly or intentionally possesses ten thousand
20 pounds or more of marijuana, tetrahydrocannabinol or chemical derivatives thereof,
21 or synthetic cannabinoids shall be sentenced to serve a term of imprisonment at hard
22 labor of not less than twenty-five years, nor more than forty years and to pay a fine
23 of not less than four hundred thousand dollars nor more than one million dollars.
24 G. With respect to any person to whom the provisions of Subsections D and
25 F of this Section are applicable, the adjudication of guilt or imposition of sentence
26 shall not be suspended, deferred, or withheld, nor shall such person be eligible for
27 probation or parole prior to serving the minimum sentences provided by Subsection
28 D or F of this Section.
29 D. If a person knowingly or intentionally possesses a controlled substance
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1 as classified in Schedule II, unless such substance was obtained directly or
2 pursuant to a valid prescription or order from a practitioner, as provided in
3 R.S. 40:978, while acting in the course of his professional practice, where the
4 amount of the controlled substance is an aggregate weight of twenty-eight grams
5 or more, it shall be considered a violation of Subsection A of this Section:
6 (1) For marijuana, tetrahydrocannabinol, synthetic cannabinoids, or
7 chemical derivatives thereof, more than two and one half pounds.
8 (2) For any Schedule I controlled substance, more than twenty-eight
9 grams.
10 H.E. Notwithstanding any other provision of law to the contrary, unless
11 eligible for parole at an earlier date, a person committed to the Department of Public
12 Safety and Corrections serving a life sentence for the production, manufacturing,
13 distribution, or dispensing or possessing with intent to produce, manufacture, or
14 distribute heroin shall be eligible for parole consideration upon serving at least
15 fifteen years of imprisonment in actual custody.
16 I.F. Immunity from prosecution. Any person who is a patient of the
17 state-sponsored medical marijuana program in Louisiana, and who possesses medical
18 marijuana in a form permissible under R.S. 40:1046 for a condition enumerated
19 therein, a caregiver as defined in R.S. 15:1503, or any person who is a domiciliary
20 parent of a minor child who possesses medical marijuana on behalf of his minor
21 child in a form permissible under R.S. 40:1046 for a condition enumerated therein
22 pursuant to a legitimate medical marijuana prescription or recommendation, shall not
23 be subject to prosecution for possession or distribution of marijuana under this
24 Section for possessing medical marijuana or dispensing medical marijuana to his
25 minor child who is a patient of the state-sponsored medical marijuana program. This
26 defense must be raised in accordance with R.S. 40:991, and the defendant bears the
27 burden of proof of establishing that the possession or distribution of the marijuana
28 was in accordance with the state-sponsored medical marijuana program.
29 §967. Prohibited acts-Schedule II, penalties
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1 * * *
2 B. Penalties for violation Violations of Subsection A. Except as provided in
3 Subsection F, any Any person who violates Subsection A of this Section with
4 respect to:
5 (1)A Except as otherwise provided in Paragraphs (2) and (3) of this
6 Subsection, a substance classified in Schedule II which is an amphetamine or
7 methamphetamine or which is a narcotic drug, except cocaine or cocaine base or a
8 mixture or substance containing cocaine or its analogues as provided in Schedule
9 II(A)(4) of R.S. 40:964 and except oxycodone as provided in Schedule II(A)(1)(o)
10 of R.S. 40:964 and except methadone as provided in Schedule II(B)(11) of R.S.
11 40:964 shall be sentenced to a term of imprisonment at hard labor for not less than
12 two years nor more than thirty years; and may, in addition, be sentenced to pay a fine
13 of not more than fifty thousand dollars. for an amount of a controlled substance
14 of:
15 (a) An aggregate weight of less than twenty-eight grams, shall be
16 imprisoned, with or without hard labor, for not less than one year nor more
17 than ten years and may, in addition, be fined not more than fifty thousand
18 dollars.
19 (b) An aggregate weight of twenty-eight grams or more, shall be
20 imprisoned at hard labor for not less than one year nor more than twenty years
21 and may, in addition, be fined not more than fifty thousand dollars.
22 (2) Pentazocine, shall be sentenced to imprisonment at hard labor for not less
23 than two years nor more than ten years, at least two years of which shall be served
24 without benefit of parole, probation, or suspension of sentence, and, in addition, may
25 be sentenced to pay a fine of not more than fifteen thousand dollars.
26 (3)(a) Production or manufacturing of amphetamine or methamphetamine
27 shall be sentenced to imprisonment at hard labor for not less than ten years nor more
28 than thirty years, at least ten years of which shall be served without benefit of parole,
29 probation, or suspension of sentence, and in addition may be sentenced to pay a fine
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1 of not more than five hundred thousand dollars.
2 (b) This Subparagraph shall be cited as the "Child Endangerment Law."
3 When the state proves in addition to the elements of the crime as set forth in
4 Subsection A of this Section that a minor child twelve years of age or younger is
5 present in the home, mobile home or other inhabited dwelling at the time of the
6 commission of the offense, the minimum mandatory sentence shall be fifteen years
7 without benefit of parole, probation, or suspension of sentence.
8 (4)(3)(a) Production or manufacturing of cocaine or cocaine base or a mixture
9 or substance containing cocaine or its analogues as provided in Schedule II(A)(4) of
10 R.S. 40:964 or oxycodone as provided in Schedule II(A)(1)(o) of R.S. 40:964 or
11 methadone as provided in Schedule II(B)(11) of R.S. 40:964 shall be sentenced to
12 imprisonment at hard labor for not less than ten nor more than thirty years, at least
13 ten years of which shall be served without benefit of parole, probation, or suspension
14 of sentence, and may be fined not more than five hundred thousand dollars.
15 * * *
16 (5) Any other controlled dangerous substance classified in Schedule II except
17 pentazocine, amphetamine, methamphetamine, cocaine, or oxycodone, or methadone
18 shall be sentenced to a term of imprisonment at hard labor for not more than ten
19 years, and in addition may be sentenced to pay a fine of not more than fifteen
20 thousand dollars.
21 C. Possession. It is unlawful for any person knowingly or intentionally to
22 possess a controlled dangerous substance as classified in Schedule II unless such
23 substance was obtained directly or pursuant to a valid prescription or order from a
24 practitioner, as provided in R.S. 40:978 while acting in the course of his professional
25 practice, or except as otherwise authorized by this Part. Whoever violates this
26 Subsection with respect to:
27 (1) Any person who violates this Subsection with respect to pentazocine shall
28 be imprisoned with or without hard labor for not less than two years and for not more
29 than five years and, in addition, may be sentenced to pay a fine of not more than five
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1 thousand dollars.
2 An aggregate weight of less than two grams, shall be imprisoned, with
3 or without hard labor, for not more than two years and, in addition, may be
4 sentenced to pay a fine of not more than five thousand dollars.
5 (2) Any person who violates this Subsection as to any other controlled
6 dangerous substance shall be imprisoned with or without hard labor for not more
7 than five years and, in addition, may be sentenced to pay a fine of not more than five
8 thousand dollars.
9 An aggregate weight of two grams or more but less than twenty-eight
10 grams shall be imprisoned, with or without hard labor, for not less than one
11 year nor more than five years and, in addition, may be sentenced to pay a fine
12 of not more than five thousand dollars.
13 D. If a person knowingly or intentionally possesses a controlled substance
14 as classified in Schedule II, unless such substance was obtained directly or
15 pursuant to a valid prescription or order from a practitioner, as provided in
16 R.S. 40:978 while acting in the course of his professional practice, where the
17 amount of the controlled substance is an aggregate weight of twenty-eight grams
18 or more, it shall be considered a violation of Subsection A of this Section.
19 * * *
20 §968. Prohibited acts-Schedule III; penalties
21 * * *
22 B. Penalties for violation Violations of Subsection A. Any person who
23 violates Subsection A of this Section with respect to any controlled dangerous
24 substance classified in Schedule III shall be sentenced to a term of imprisonment, at
25 with or without hard labor, for not more than ten years; and, in addition, may be
26 sentenced to pay a fine of not more than fifteen thousand dollars.
27 * * *
28 §969. Prohibited acts-Schedule IV; penalties
29 * * *
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1 B. Penalties for violation Violations of Subsection A. Any person who
2 violates Subsection A of this Section with respect to:
3 (1) Flunitrazepam shall be sentenced to a term of imprisonment at hard labor
4 for not less than five years one year nor more than thirty twenty years and pay a fine
5 of not more than fifty thousand dollars.
6 (2) Any other controlled dangerous substance classified in Schedule IV,
7 except flunitrazepam, shall be sentenced to a term of imprisonment, at with or
8 without hard labor, for not less than one year nor more than ten years; and, in
9 addition, may be sentenced to pay a fine of not more than fifteen thousand dollars.
10 C. Possession. It is unlawful for any person knowingly or intentionally to
11 possess a controlled dangerous substance classified in Schedule IV unless such
12 substance was obtained directly or pursuant to a valid prescription or order from a
13 practitioner, or as provided in R.S. 40:978, while acting in the course of his
14 professional practice or except as otherwise authorized by this Part. Any person who
15 violates this Subsection with respect to:
16 (1) Flunitrazepam shall be imprisoned, at with or without hard labor, for not
17 less than one year nor more than ten years, and may, in addition, be required to pay
18 a fine of not more than five thousand dollars.
19 (2) Any other controlled dangerous substance shall be imprisoned with or
20 without hard labor for not less than one year nor more than five years and, in
21 addition, may be required to pay a fine of not more than five thousand dollars.
22 * * *
23 §970. Prohibited acts-Schedule V; penalties
24 * * *
25 B. Penalties for violation Violations of Subsection A. Any person who
26 violates Subsection A of this Section with respect to any controlled dangerous
27 substance classified in Schedule V shall be sentenced to a term of imprisonment, at
28 with or without hard labor, for not less than one year nor more than five years;
29 and, in addition, may be sentenced to pay a fine of not more than five thousand
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1 dollars.
2 C. Possession. It is unlawful for any person unknowingly or intentionally
3 to possess a controlled dangerous substance classified in Schedule V unless such
4 substance was obtained directly or pursuant to a valid prescription or order from a
5 practitioner, or as provided in R.S. 40:978, while acting in the course of his
6 professional practice or except as otherwise authorized by this Part. Any person who
7 violates this section Subsection shall be imprisoned with or without hard labor for
8 not less than one year nor more than five years; and, in addition, may be required
9 to pay a fine of not more than five thousand dollars.
10 Section 3. R.S. 14:2(B)(8), (14), (25), and (29), 56.1, 56.2, 56.3, 67.1, 67.2, 67.6,
11 67.7, 67.8, 67.9, 67.10, 67.18, 67.20, 67.21, 67.24, 67.25(E), 67.28, 67.30, 68.5, 71(H) and
12 (I), 94(E) and (F), 95(J) and (K) and 211 and R.S. 40:966(G), (H) and (I) and 967(F) and (G)
13 are hereby repealed in their entirety.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 220 Engrossed 2017 Regular Session Alario
Present law provides elements, definitions, and penalties for the following offenses: simple
arson, communicating of false information of planned arson, simple criminal damage to
property, aggravated burglary, simple burglary of an inhabited dwelling, theft, theft of a
firearm, organized retail theft, theft of a motor vehicle, unauthorized use of a movable,
unauthorized use of a motor vehicle, unlawful acts relative to receipts and universal product
code labels, illegal possession of stolen things, refund or access device application fraud,
access device fraud, issuing worthless checks, prostitution, possession of firearm or carrying
concealed weapon by a person convicted of certain felonies, residential contractor fraud, and
money laundering.
Proposed law increases, reduces, or otherwise modifies the penalty provisions for these
present law offenses in accordance with the report and recommendations of the Justice
Reinvestment Task Force.
Proposed law otherwise retains present law.
Present law provides elements, definitions, and penalties relative to offenses under the
Uniform Controlled Dangerous Substances Law.
Proposed law increases, reduces, or otherwise modifies the penalty provisions for these
present law offenses in accordance with certain recommendations of the Justice
Reinvestment Task Force.
Proposed law otherwise retains present law.
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Present law designates certain offenses as "crimes of violence" for purposes of present law
and proposed law.
Proposed law deletes the following offenses from present law: mingling harmful substances,
extortion, and illegal use of weapons or dangerous instrumentalities.
Proposed law otherwise retains present law.
Present law provides elements, definitions, and penalties for the following offenses: theft of
animals, failure to remit payment for sale of forest products, criminal damage to coin-
operated devices, criminal damage to a pipeline facility, criminal damage to genetically
engineered crops, genetically engineered crop facilities, or genetically engineered crop
information, theft of livestock, theft of goods, cheating and swindling, theft of timber, theft
of a business record, theft of the assets of a person who is aged or a person with a disability,
theft of utility service, theft of petroleum products, theft of oilfield geological survey, theft
of oil and gas equipment, theft of utility property, home invasion, and theft of copper or
other metals.
Proposed law deletes these provisions of present law in order to consolidate certain present
law offenses and to otherwise conform to certain recommendations of the Justice
Reinvestment Task Force.
Proposed law creates the La. Felony Class System Task Force to study, evaluate, and
develop a recommendation for a felony class system before the 2018 Regular Session of the
legislature. Proposed law further provides relative to the membership and organization of
the task force.
Proposed law provides that the names of the persons who are to serve on the task force are
to be submitted to the chief justice of the La. Supreme Court on or before 7/1/17. Proposed
law further provides that the chief justice is to call the first meeting of the task force, which
meeting is to be held on or before 7/15/17.
Proposed law provides that the task force is to meet a minimum of six times between 7/15/17
and 2/1/18.
Proposed law provides that the task force is to prepare and submit a final report of its
findings and recommendations, including any specific and complete draft legislation, to the
governor, the speaker of the House of Representatives, the president of the Senate, the
chairman of the House Committee on Administration of Criminal Justice, the chairman of
the Senate Committee on Judiciary C, and the chief justice of the La. Supreme Court, no
later than 2/1/18. Proposed law further provides that the report is to be made available to the
public and the task force is abolished upon submission of the report.
Proposed law provides that the task force may apply for, contract for, receive, and expend
for purposes of proposed law any appropriation or grant from the state, its political
subdivisions, the federal government, or any other public or private source. Proposed law
further provides that the books and records of the task force are subject to audit by the
legislative auditor pursuant to present law.
Proposed law relative to the task force becomes null and of no effect on 2/2/18.
Effective August 1, 2017.
(Amends R.S. 14:52(B), 54.1(B), 56(B)(1) and (2), 62.2(B), 62.8(B), 67(B), 67.25(D),
67.26(C), 68(B), 68.4(B), 68.7(B), 69(B) and (C), 70.2(C), 70.4(E), 71(C), (D), (E), (F), and
(G), 82(C)(3), 95.1(B), 202.1(C), and 230(E)(4) and R.S. 40:966(B), (C), (D), (E), and (F),
967(B) and (C), 968(B), 969(B) and (C), and 970(B) and (C); adds R.S. 14:69(D) and 601
and R.S. 40:967(D); repeals R.S. 14:2(B)(8), (14), (25) and (29), 56.1, 56.2, 56.3, 67.1, 67.2,
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67.3, 67.6, 67.7, 67.8, 67.9, 67.10, 67.18, 67.20, 67.21, 67.24, 67.25(E), 67.28, 67.30, 68.5,
71(H) and (I), 94(E) and (F), 95(J) and (K), and 211 and R.S. 40:966(G), (H) and (I) and
967(F) and (G))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Delete all references to a felony class system.
2. Delete certain present law offenses in order to consolidate offenses and to
otherwise conform to recommendations of the Justice Reinvestment Task
Force.
3. Delete certain offenses from the list of "crimes of violence".
4. Increase, reduce, or otherwise modify penalty provisions for certain present
law offenses in accordance with the recommendations of the Justice
Reinvestment Task Force.
5. Create and provide relative to the La. Felony Class System Task Force.
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