2017 Regular Session ENROLLED
SENATE BILL NO. 220
BY SENATORS ALARIO AND BISHOP AND REPRESENTATIVES ABRAHAM,
BAGNERIS, BILLIOT, BOUIE, CARPENTER, GARY CARTER, COX,
GAINES, GLOVER, HALL, JIMMY HARRIS, HOFFMANN,
HUNTER, JACKSON, JAMES, JORDAN, TERRY LANDRY, LEGER,
LYONS, MAGEE, MARCELLE, MARINO, MORENO, NORTON,
PIERRE AND SMITH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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)(1), 69(B) and (C), 70.2(C), 70.4(E),
4 71(C), (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), (F), and (G), 967(B) and (C), 968(B) and (C), 969(B) and
6 (C), and 970(B) and (C), to enact R.S. 14:69(D) and Chapter 3 of Title 14 of the
7 Louisiana Revised Statutes of 1950, comprised of R.S. 14:601, and R.S.
8 40:967(C)(3) and (D), and to repeal R.S. 14:2(B)(8), (25), and (29), 56.1, 56.2, 56.3,
9 62.1, 62.6, 62.9, 67.1, 67.2, 67.3, 67.6, 67.7, 67.8, 67.9, 67.10, 67.18, 67.20, 67.21,
10 67.24, 67.25(E), 67.28, 67.30, 68.5, 71(H) and (I), and 211 and R.S. 40:966(G), (H)
11 and (I) and 967(F) and (G), relative to felony and misdemeanor offenses; to provide
12 relative to penalties for certain felony and misdemeanor offenses; to provide relative
13 to 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),
18 67.25(D), 67.26(C), 68(B), 68.4(B), 68.7(B)(1), 69(B) and (C), 70.2(C), 70.4(E), 71(C), (D),
19 (E), (F), and (G), 82(C)(3), 95.1(B), 202.1(C), and 230(E)(4) are hereby amended and
20 reenacted and R.S. 14:69(D) and Chapter 3 of Title 14 of the Louisiana Revised Statutes of
21 1950, comprised of R.S. 14:601 are hereby enacted to read as follows:
22 §52. Simple arson
Page 1 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 * * *
2 B. Whoever commits the crime of simple arson, where the damage done
3 amounts to five hundred dollars or more, shall be fined not more than fifteen
4 thousand dollars and imprisoned at hard labor for not less than two years nor more
5 than fifteen years.
6 * * *
7 §54.1. Communicating of false information of planned arson
8 * * *
9 B. Whoever commits the crime of communicating of false information of
10 arson or attempted arson shall be imprisoned at hard labor for not more than twenty
11 fifteen years.
12 * * *
13 §56. Simple criminal damage to property
14 * * *
15 B.(1) Whoever commits the crime of simple criminal damage to property
16 where the damage is less than five hundred one thousand dollars shall be fined not
17 more than one thousand dollars or imprisoned for not more than six months, or both.
18 (2) Where the damage amounts to five hundred one thousand dollars but less
19 than fifty thousand dollars, the offender shall be fined not more than one thousand
20 dollars or imprisoned with or without hard labor for not more than two years, or
21 both.
22 * * *
23 §62.2. Simple burglary of an inhabited dwelling
24 * * *
25 B. Whoever commits the crime of simple burglary of an inhabited dwelling
26 shall be imprisoned at hard labor for not less than one year, without benefit of parole,
27 probation or suspension of sentence, nor more than twelve years.
28 * * *
29 §62.8. Home invasion
30 * * *
Page 2 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 B.(1) Except as provided in Paragraphs (2) and (3) of this Subsection,
2 whoever Whoever commits the crime of home invasion shall be fined not more than
3 five thousand dollars and shall be imprisoned at hard labor for not more than twenty-
4 five years not less than one year nor more than thirty years.
5 (2) Whoever commits the crime of home invasion while armed with a
6 dangerous weapon shall be fined not more than seven thousand dollars and shall be
7 imprisoned at hard labor for not less than five years nor more than thirty years.
8 (3) Whoever commits the crime of home invasion when, at the time of the
9 unauthorized entering, there is present in the dwelling or structure any person who
10 is under the age of twelve years, is sixty-five years of age or older, or who has a
11 developmental disability as defined in R.S. 28:451.2, shall be fined not more than ten
12 thousand dollars and shall be imprisoned at hard labor for not less than ten nor more
13 than twenty-five years. At least ten years of the sentence imposed shall be served
14 without benefit of parole, probation, or suspension of sentence.
15 * * *
16 §67. Theft
17 * * *
18 B.(1) Whoever commits the crime of theft when the misappropriation or
19 taking amounts to a value of twenty-five thousand dollars or more shall be
20 imprisoned, with or without at hard labor, for not less than five years nor more than
21 twenty years, or may be fined not more than fifty thousand dollars, or both.
22 (2) When the misappropriation or taking amounts to a value of five thousand
23 dollars or more, but less than a value of twenty-five thousand dollars, the offender
24 shall be imprisoned, with or without hard labor, for not more than ten years, or may
25 be fined not more than ten thousand dollars, or both.
26 (3) When the misappropriation or taking amounts to a value of seven hundred
27 fifty one thousand dollars or more, but less than a value of five thousand dollars, the
28 offender shall be imprisoned, with or without hard labor, for not more than five
29 years, or may be fined not more than three thousand dollars, or both.
30 (4) When the misappropriation or taking amounts to less than a value of
Page 3 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 seven hundred fifty one thousand dollars, the offender shall be imprisoned for not
2 more than six months, or may be fined not more than one thousand dollars, or both.
3 If the offender in such cases has been convicted of theft two or more times
4 previously, upon any subsequent conviction he shall be imprisoned, with or without
5 hard labor, for not more than two years, or may be fined not more than two thousand
6 dollars, or both.
7 * * *
8 §67.25. Organized retail theft
9 * * *
10 D.(1) Whoever commits the crime of organized retail theft when the
11 aggregate amount of the misappropriation, taking, purchasing, possessing, procuring,
12 receiving, or concealing in any one-hundred-eighty-day period amounts to a value
13 less than five hundred of twenty-five thousand dollars or more shall be imprisoned
14 with or without at hard labor for not more than two twenty years, or may be fined
15 not more than two fifty thousand dollars, or both.
16 E.(2) 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 more than five hundred of five thousand dollars or more, but less than a value of
20 twenty-five thousand dollars shall be imprisoned with or without hard labor for not
21 more than ten years, or may be fined not more than ten thousand dollars, or both.
22 (3) Whoever commits the crime of organized retail theft when the
23 aggregate amount of the misappropriation, taking, purchasing, possessing,
24 procuring, receiving, or concealing in any one-hundred-eighty-day period
25 amounts to a value of one thousand dollars or more but less than a value of five
26 thousand dollars shall be imprisoned, with or without hard labor, for not more
27 than five years, or may be fined not more than three thousand dollars, or both.
28 (4) When the misappropriation or taking amounts to less than a value of
29 one thousand dollars, the offender shall be imprisoned for not more than six
30 months, or may be fined not more than one thousand dollars, or both. If the
Page 4 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 offender in such cases has been convicted of theft two or more times previously,
2 upon any subsequent conviction the offender shall be imprisoned, with or
3 without hard labor, for not more than two years, or fined not more than two
4 thousand dollars, or both.
5 §67.26. Theft of a motor vehicle
6 * * *
7 C.(1) Whoever commits the crime of theft of a motor vehicle when the
8 misappropriation or taking amounts to a sum of one thousand five hundred dollars
9 or more shall be imprisoned, with or without hard labor, for not more than ten years
10 value of twenty-five thousand dollars or more shall be imprisoned at hard labor
11 for not more than twenty years, or may be fined not more than three fifty thousand
12 dollars, or both.
13 (2) Whoever commits the crime of theft of a motor vehicle when the
14 misappropriation or taking amounts to a sum of five hundred dollars or more but less
15 than one thousand five hundred dollars shall be imprisoned, with or without hard
16 labor, for not more than five years value of five thousand dollars or more, but less
17 than a value of twenty-five thousand dollars, shall be imprisoned, with or
18 without hard labor, for not more than ten years, or may be fined not more than
19 two ten thousand dollars, or both.
20 (3) Whoever commits the crime of theft of a motor vehicle when the
21 misappropriation or taking amounts to a sum of less than five hundred dollars shall
22 be imprisoned for not more than six months value of one thousand dollars or more
23 but less than a value of five thousand dollars shall be imprisoned, with or
24 without hard labor, for not more than five years, or may be fined not more than
25 one three thousand dollars, or both.
26 (4) When the misappropriation or taking amounts to less than a value of
27 one thousand dollars, the offender shall be imprisoned for not more than six
28 months, or fined not more than one thousand dollars, or both. If the offender
29 in such cases has been convicted of theft two or more times previously, then
30 upon any subsequent conviction the offender shall be imprisoned for not more
Page 5 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 than two years, or fined not more than two thousand dollars, or both.
2 * * *
3 §68. Unauthorized use of a movable
4 * * *
5 B. Whoever commits the crime of unauthorized use of a movable having a
6 value of five hundred one thousand dollars or less shall be fined not more than five
7 hundred dollars, imprisoned for not more than six months, or both. Whoever
8 commits the crime of unauthorized use of a movable having a value in excess of five
9 hundred one thousand dollars shall be fined not more than five thousand dollars,
10 imprisoned, with or without hard labor, for not more than five two years, or both.
11 * * *
12 §68.4. Unauthorized use of a motor vehicle
13 * * *
14 B. Whoever commits the crime of unauthorized use of a motor vehicle shall
15 be fined not more than five thousand dollars or imprisoned with or without hard
16 labor for not more than ten two years or both.
17 * * *
18 §68.7. Receipts and universal product code labels; unlawful acts
19 * * *
20 B.(1) Except as provided in Paragraphs Paragraph (3) and (4) of this
21 Subsection, whoever violates the provisions of this Section shall be subject to the
22 following penalties:
23 (a) When the fair market value of the goods which are the subject of the
24 falsified retail sales receipts or universal product code labels, as described in
25 Subsection A of this Section, equals one thousand five hundred dollars or more,
26 imprisonment, with or without hard labor, for not more than ten years amounts to
27 a value of twenty-five thousand dollars or more, the offender shall be
28 imprisoned at hard labor for not more than twenty years, or a fine not to exceed
29 three fined not more than fifty thousand dollars, or both.
30 (b) When the fair market value of the goods which are the subject of the
Page 6 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 falsified retail sales receipts or universal product code labels, as described in
2 Subsection A of this Section, equals five hundred dollars or more but less than one
3 thousand five hundred dollars, imprisonment, with or without hard labor, for not
4 more than five years amounts to a value of five thousand dollars or more, but less
5 than a value of twenty-five thousand dollars, the offender shall be imprisoned,
6 with or without hard labor, for not more than ten years, or a fine of fined not
7 more than two ten thousand dollars, or both.
8 (c) When the fair market value of the goods which are the subject of the
9 falsified retail sales receipts or universal product code labels, as described in
10 Subsection A of this Section, is less than five hundred dollars, imprisonment for not
11 more than six months amounts to a value of one thousand dollars or more but
12 less than five thousand dollars, the offender shall be imprisoned, with or
13 without hard labor, for not more than five years, or a fine not to exceed fined not
14 more than five hundred three thousand dollars, or both. If a person is convicted of
15 violating the provisions of this Section in a manner consistent with this Subparagraph
16 two or more times previously, upon any subsequent conviction, he shall be
17 imprisoned, with or without hard labor, for not more than two years, or may be fined
18 not more than two thousand dollars, or both.
19 (d) When the fair market value of the goods which are the subject of the
20 falsified retail sales receipts or universal product code labels, as described in
21 Subsection A of this Section, amounts to a value of less than one thousand
22 dollars, the offender shall be imprisoned for not more than six months, or fined
23 not more than five hundred dollars, or both. If a person is convicted of theft
24 two or more times previously, upon any subsequent conviction, he shall be
25 imprisoned, with or without hard labor, for not more than two years, or fined
26 not more than two thousand dollars, or both.
27 * * *
28 §69. Illegal possession of stolen things
29 * * *
30 B.(1) Whoever commits the crime of illegal possession of stolen things, when
Page 7 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 the value of the things is one thousand five hundred dollars or more, shall be
2 imprisoned, with or without hard labor, for not more than ten years twenty-five
3 thousand dollars or more, shall be imprisoned at hard labor for not more than
4 twenty years, or may be fined not more than three fifty thousand dollars, or both.
5 (2) When the value of the stolen things is five hundred dollars or more, but
6 less than one thousand five hundred dollars, the offender shall be imprisoned, with
7 or without hard labor, for not more than five years five thousand dollars or more,
8 but less than a value of twenty-five thousand dollars, the offender shall be
9 imprisoned, with or without hard labor, for not more than ten years, or may be
10 fined not more than two ten thousand dollars, or both.
11 (3) When the value of the stolen things is one thousand dollars or more,
12 but less than a value of five thousand dollars, the offender shall be imprisoned,
13 with or without hard labor, for not more than five years, or may be fined not
14 more than three thousand dollars, or both.
15 (4) When the value of the stolen things is less than five hundred one
16 thousand dollars, the offender shall be imprisoned for not more than six months or
17 may be fined not more than one thousand dollars, or both. If the offender in such
18 cases has been convicted of receiving stolen things or illegal possession of stolen
19 things theft two or more times previously, upon any subsequent conviction, he shall
20 be imprisoned, with or without hard labor, for not more than two years, or may be
21 fined not more than two thousand dollars, or both.
22 (4)C. When the offender has committed the crime of illegal possession of
23 stolen things by a number of distinct acts, the aggregate of the amount of the things
24 so received shall determine the grade of the offense.
25 C.D. It shall be an affirmative defense to a violation of this Section
26 committed by means of possessing, that the accused, within seventy-two hours of his
27 acquiring knowledge or good reason to believe that a thing was the subject of
28 robbery or theft, reports that fact or belief in writing to the district attorney in the
29 parish of his domicile.
30 * * *
Page 8 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 §70.2. Refund or access device application fraud
2 * * *
3 C.(1) Whoever commits the crime of refund fraud shall be fined not more
4 than five hundred dollars or imprisoned for not more than six months, or both.
5 (2) Whoever commits the crime of access device application fraud when the
6 misappropriation or taking amounts to a value of one thousand five hundred dollars
7 or more shall be imprisoned, with or without hard labor, for not more than ten years
8 twenty-five thousand dollars or more shall be imprisoned at hard labor for not
9 more than twenty years, or may be fined not more than three fifty thousand dollars,
10 or both.
11 (3) When Whoever commits the crime of access device application fraud
12 when the misappropriation or taking amounts to a value of five hundred thousand
13 dollars or more, but less than a value of one twenty-five thousand five hundred
14 dollars, the offender shall be imprisoned, with or without hard labor, for not more
15 than five ten years, or may be fined not more than two ten thousand dollars, or both.
16 (4) Whoever commits the crime of access device application fraud when
17 the misappropriation or taking amounts to a value of one thousand dollars or
18 more but less than a value of five thousand dollars shall be imprisoned, with or
19 without hard labor, for not more than five years, or may be fined not more than
20 three thousand dollars, or both.
21 (5) When the misappropriation or taking amounts to less than a value of five
22 hundred one thousand dollars, the offender shall be imprisoned for not more than
23 six months, or may be fined not more than five hundred dollars, or both. If the
24 offender in such cases has been convicted of theft two or more times previously,
25 upon any subsequent conviction he shall be imprisoned, with or without hard labor,
26 for not more than two years, or may be fined not more than one two thousand
27 dollars, or both.
28 * * *
29 §70.4. Access device fraud
30 * * *
Page 9 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 E.(1) A person who commits the crime of access device fraud when the
2 misappropriation or taking amounts to a value of one twenty-five thousand five
3 hundred dollars or more shall be imprisoned, with or without at hard labor, for not
4 more than ten twenty years, or fined not more than five fifty thousand dollars, or
5 both.
6 (2) When the misappropriation or taking amounts to a value of at least five
7 hundred five thousand dollars or more, but less than a value of one thousand five
8 hundred twenty-five thousand dollars, the offender shall be imprisoned, with or
9 without hard labor, for not more than five ten years, or fined not more than three ten
10 thousand dollars, or both.
11 (3) When the misappropriation or taking amounts to a value of one
12 thousand dollars or more, but less than a value of five thousand dollars, the
13 offender shall be imprisoned, with or without hard labor, for not more than five
14 years, or may be fined not more than three thousand dollars, or both.
15 (4) When the misappropriation or taking amounts to a value of less than five
16 hundred one thousand dollars, the offender shall be imprisoned for not more than
17 six months or fined not more than five hundred dollars, or both.
18 (4)(5) Upon a third or subsequent conviction of a violation of the provisions
19 of this Section theft, the offender shall be imprisoned, with or without hard labor,
20 for not more than ten two years, or may be fined not more than ten two thousand
21 dollars, or both.
22 * * *
23 §71. Issuing worthless checks
24 * * *
25 C.(1) Whoever commits the crime of issuing worthless checks, when the
26 amount of the check or checks is one thousand five hundred twenty-five thousand
27 dollars or more, shall be imprisoned, with or without at hard labor, for not more than
28 ten twenty years, or may be fined not more than three fifty thousand dollars, or both.
29 D.(2) When the amount of the check or checks is five hundred thousand
30 dollars or more, but less than one twenty-five thousand five hundred dollars, the
Page 10 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 offender shall be imprisoned, with or without hard labor, for not more than five ten
2 years, or may be fined not more than two ten thousand dollars, or both.
3 (3) When the amount of the check or checks is more than one thousand
4 dollars, but less than five thousand dollars, the offender shall be imprisoned,
5 with or without hard labor, for not more than five years, or may be fined not
6 more than three thousand dollars, or both.
7 E.(4) When the amount of the check or checks is less than five hundred one
8 thousand dollars, the offender shall be imprisoned for not more than six months, or
9 may be fined not more than five hundred dollars, or both. If the offender in such
10 cases has been convicted of issuing worthless checks theft two or more times
11 previously, upon any subsequent conviction he shall be imprisoned, with or without
12 hard labor, for not more than two years, or may be fined not more than one two
13 thousand dollars, or both.
14 F.D. When the offender has issued more than one worthless check within a
15 one hundred eighty-day period, the amount of several or all worthless checks issued
16 during that one hundred eighty-day period may be aggregated to determine the grade
17 of the offense.
18 G.E. In addition to any other fine or penalty imposed under this Section, the
19 court shall order as part of the sentence restitution in the amount of the check or
20 checks, plus a fifteen dollar per check service charge payable to the person or entity
21 that initially honored the worthless check or checks, an authorized collection agency,
22 or justice of the peace. In the event the fifteen dollar per check service charge is paid
23 to a person or entity other than one who initially honored the worthless check or
24 checks, the court shall also order as part of the sentence restitution equal to the
25 amount that the bank or other depository charged the person or entity who initially
26 honored the worthless check, plus the actual cost of notifying the offender of
27 nonpayment as required in Paragraph A(2) (A)(2) of this Section.
28 H.F. In any prosecution for a violation of this Section, the prosecution may
29 enter as evidence of a violation of this Section any check, draft, or order for the
30 payment of money upon any bank or other depository which the bank or other
Page 11 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 depository has refused to honor because the person who issued the check, draft, or
2 order did not have sufficient credit with the bank or other depository for the payment
3 of that check, draft, or order in full upon its presentation.
4 I.G. In addition to the provisions of Subsection H F of this Section, in any
5 prosecution for a violation of this Section, the prosecution may enter as evidence of
6 a violation of this Section any tangible copy, facsimile, or other reproduction of the
7 check, draft, or order, or any electronic reproduction of the check, draft, or order, or
8 any other form of the record of the check, draft, or order, provided that the tangible
9 copy, facsimile, or other reproduction, or the electronic reproduction, or the other
10 form of the record of the check, draft, or order has been made, recorded, stored, and
11 reproduced in accordance with the requirements of the Louisiana Office of Financial
12 Institutions, or in accordance with the requirements of the federal agency which
13 regulates the bank or other depository, and provided that the appropriate officer of
14 the bank or other depository has certified that the tangible copy, facsimile, or other
15 reproduction, or the electronic copy, or the other form of the record of the check,
16 draft, or order for the payment of money has been made, stored, and reproduced in
17 accordance with the requirements of the Louisiana Office of Financial Institutions,
18 or in accordance with the requirements of the federal agency which regulates the
19 bank or other depository, and is a true and correct record of the transaction involving
20 the check, draft, or order upon which the prosecution is based.
21 * * *
22 §82. Prostitution; definition; penalties; enhancement
23 * * *
24 C.(1) * * *
25 * * *
26 (3) On a third and subsequent conviction, the offender shall be imprisoned,
27 with or without hard labor, for not less than two nor more than four years and shall
28 be fined not less than five hundred dollars nor more than four thousand dollars.
29 * * *
30 §95.1. Possession of firearm or carrying concealed weapon by a person convicted of
Page 12 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 certain felonies
2 * * *
3 B. Whoever is found guilty of violating the provisions of this Section shall
4 be imprisoned at hard labor for not less than ten five nor more than twenty years
5 without the benefit of probation, parole, or suspension of sentence and be fined not
6 less than one thousand dollars nor more than five thousand dollars. Notwithstanding
7 the provisions of R.S. 14:27, whoever is found guilty of attempting to violate the
8 provisions of this Section shall be imprisoned at hard labor for not more than seven
9 and one-half years and fined not less than five hundred dollars nor more than two
10 thousand five hundred dollars.
11 * * *
12 §202.1. Residential contractor fraud; penalties
13 * * *
14 C.(1) When the misappropriation or intentional taking amounts to a value of
15 less than five hundred one thousand dollars, the offender shall be imprisoned for not
16 more than six months, fined not more than one thousand dollars, or both. If the
17 offender in such cases has been convicted of theft two or more times previously,
18 then upon conviction the offender shall be imprisoned, with or without hard
19 labor, for not more than two years, or fined not more than two thousand
20 dollars.
21 (2) When the misappropriation or intentional taking amounts to a value of
22 five hundred one thousand dollars or more, but less than one five thousand five
23 hundred dollars, the offender shall be imprisoned, with or without hard labor, for not
24 more than five years, or may be fined not more than two three thousand dollars, or
25 both.
26 (3) When the misappropriation or intentional taking amounts to a value of
27 one five thousand five hundred dollars or more but less than twenty-five thousand
28 dollars, the offender shall be imprisoned, with or without hard labor, for not more
29 than ten years, or may be fined not more than three ten thousand dollars, or both.
30 (4) When the misappropriation or intentional taking amounts to a value
Page 13 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 of twenty-five thousand dollars or more, the offender shall be imprisoned at
2 hard labor for not more than twenty years, or may be fined not more than fifty
3 thousand dollars, or both.
4 (5) In determining the amount of the misappropriation or intentional taking,
5 the court shall include the cost of repairing work fraudulently performed by the
6 contractor and the cost of completing work for which the contractor was paid but did
7 not complete.
8 * * *
9 §230. Money laundering; transactions involving proceeds of criminal activity
10 * * *
11 E.(1) * * *
12 (4) Whoever violates the provisions of this Section, if the value of the funds
13 is one hundred thousand dollars or more, shall be imprisoned at hard labor for not
14 less than five two years nor more than ninety-nine fifty years and may be fined not
15 more than fifty thousand dollars.
16 * * *
17 CHAPTER 3. LOUISIANA FELONY CLASS SYSTEM TASK FORCE
18 §601. Louisiana Felony Class System Task Force
19 A. The legislature hereby finds that it is in the best interest of the public
20 to have, to the greatest extent possible, a clear, regular, and simple sentencing
21 system, whereby nearly every felony offense falls into a class, with sentencing
22 to be imposed by designated class, to ensure consistency across crimes of similar
23 severity and greater transparency for victims, defendants, and criminal justice
24 practitioners. Such a system will henceforth be referred to as a felony class
25 system.
26 B. Accordingly, the Legislature of Louisiana hereby authorizes and
27 directs the creation of the Louisiana Felony Class System Task Force to study,
28 evaluate, and develop a recommendation for a felony class system to the
29 legislature before the 2018 Regular Session of the Louisiana Legislature.
30 C.(1) The membership of the task force shall be as follows:
Page 14 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 (a) Three attorneys designated by the president of Louisiana District
2 Attorneys Association.
3 (b) Two attorneys designated by the state public defender.
4 (c) One attorney designated by the chief justice of the Louisiana Supreme
5 Court.
6 (d) One attorney designated by the Louisiana Association of Criminal
7 Defense Lawyers.
8 (e) Two attorneys designated by the Louisiana District Judges
9 Association.
10 (f) One attorney designated by the office of the governor.
11 (g) The chair of the House Committee on Administration of Criminal
12 Justice or his designee.
13 (h) The chair of the Senate Committee on Judiciary C or his designee.
14 (i) Each attorney member of the task force shall be an attorney licensed
15 to practice and who practices in this state.
16 (2)(a) The names of the persons who are to serve on the task force shall
17 be submitted to the chief justice of the Louisiana Supreme Court on or before
18 September 1, 2017.
19 (b) The chief justice shall call the first meeting of the task force, which
20 meeting shall be held on or before September 15, 2017.
21 (c) At the first meeting of the task force, its members shall elect from
22 their membership a chairman and vice chairman and such other officers as the
23 task force may deem advisable. The chief justice, or the chief justice's designee,
24 shall preside over the task force until a chairman is elected.
25 (d) The task force shall meet a minimum of six times between September
26 15, 2017, and February 1, 2018, and may hold public hearings as part of its
27 evaluation process. Meetings of the task force shall be held in the state capital.
28 D. The task force shall prepare and submit a final report of its findings
29 and recommendations, including but not limited to any specific and complete
30 draft legislation, to the governor, the speaker of the House of Representatives,
Page 15 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 the president of the Senate, the chairman of the House Committee on
2 Administration of Criminal Justice, the chairman of the Senate Committee on
3 Judiciary C, and the chief justice of the Louisiana Supreme Court, no later than
4 February 1, 2018. The report shall be made available to the public and the task
5 force shall be abolished upon submission of the report.
6 E.(1) The task force may apply for, contract for, receive, and expend for
7 purposes of this Chapter any appropriation or grant from the state, its political
8 subdivisions, the federal government, or any other public or private source.
9 (2) The books and records of the task force shall be subject to audit by
10 the legislative auditor pursuant to R.S. 24:513.
11 F. This Chapter shall become null and of no effect on February 2, 2018.
12 Section 2. R.S. 40:966(B), (C), (D), (E), (F) and (G), 967(B) and (C), 968(B) and
13 (C), 969(B) and (C), and 970(B) and (C) are hereby amended and reenacted and R.S.
14 40:967(C)(3) and (D) are hereby enacted to read as follows:
15 §966. Penalty for distribution or possession with intent to distribute narcotic drugs
16 listed in Schedule I; possession of marijuana, possession of synthetic
17 cannabinoids, possession of heroin
18 * * *
19 B. Penalties for violation Violations of Subsection A of this Section. Any
20 person who violates Subsection A of this Section with respect to:
21 (1) Except as otherwise provided in Paragraph (4) Paragraphs (2) and (3)
22 of this Subsection, a substance classified in Schedule I that is a narcotic drug (all
23 substances in Schedule I preceded by an asterisk "*"), upon conviction shall be
24 sentenced to imprisonment at hard labor for not less than ten nor more than fifty
25 years, at least ten years of which shall be served without benefit of probation or
26 suspension of sentence, and may, in addition, be required to pay a fine of not more
27 than fifty thousand dollars. for an amount of:
28 (a) An aggregate weight of less than twenty-eight grams, shall be
29 imprisoned, with or without hard labor, for not less than one year nor more
30 than ten years and may, in addition, be required to pay a fine of not more than
Page 16 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 fifty thousand dollars.
2 (b) An aggregate weight of twenty-eight grams or more, shall be
3 imprisoned at hard labor for not less than one year nor more than twenty years
4 and may, in addition, be required to pay a fine of not more than fifty thousand
5 dollars.
6 (2) Except as otherwise provided in Paragraph (3) of this Subsection, any
7 other controlled dangerous substance classified in Schedule I, shall upon conviction
8 be sentenced to a term of imprisonment at hard labor for not less than five years nor
9 more than thirty years, at least five years of which shall be served without benefit of
10 parole, probation, or suspension of sentence, and pay a fine of not more than fifty
11 thousand dollars.
12 (3) A substance classified in Schedule I which is marijuana,
13 tetrahydrocannabinols, or chemical derivatives of tetrahydrocannabinols, or synthetic
14 cannabinoids shall upon conviction be sentenced to a term of imprisonment at hard
15 labor for not less than five nor more than thirty years, and pay a fine of not more than
16 fifty thousand dollars. for an amount of:
17 (a) An aggregate weight of less than two and one half pounds, shall be
18 imprisoned, with or without hard labor, for not less than one year nor more
19 than ten years, and pay a fine of not more than fifty thousand dollars.
20 (b) An aggregate weight of two and one half pounds or more, shall be
21 imprisoned at hard labor for not less than one year nor more than twenty years
22 and pay a fine of not more than fifty thousand dollars.
23 (4)(a)(3) A substance classified in Schedule I that is the narcotic drug heroin
24 or a mixture or substance containing a detectable amount of heroin or of its
25 analogues upon conviction of a first offense shall be sentenced to a term of
26 imprisonment at hard labor for not less than ten nor more than fifty years, at least ten
27 years of which shall be served without benefit of probation or suspension of
28 sentence, and may, in addition, be required to pay a fine of not more than fifty
29 thousand dollars. or a mixture or substance containing a detectable amount of
30 heroin or its analogues, or fentanyl or a mixture of substances containing a
Page 17 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 detectable amount of fentanyl or its analogues, upon conviction for any amount,
2 shall be imprisoned at hard labor for not less than five years nor more than
3 forty years and may, in addition, be required to pay a fine of not more than fifty
4 thousand dollars.
5 (b) A substance classified in Schedule I that is the narcotic drug heroin or a
6 mixture or substance containing a detectable amount of heroin or of its analogues
7 upon conviction of a second or subsequent offense shall be sentenced to a term of
8 imprisonment at hard labor for not less than ten nor more than ninety-nine years, at
9 least ten years of which shall be served without benefit of probation or suspension
10 of sentence, and may, in addition, be required to pay a fine of not more than fifty
11 thousand dollars.
12 C. Possession. It is unlawful for any person knowingly or intentionally to
13 possess a controlled dangerous substance classified in Schedule I unless such
14 substance was obtained directly, or pursuant to a valid prescription or order, from a
15 practitioner or as provided in R.S. 40:978, while acting in the course of his
16 professional practice, or except as otherwise authorized by this Part. Any person who
17 violates this Subsection with respect to:
18 (1) A substance classified in Schedule I which is a narcotic drug (all
19 substances in Schedule I preceded by an asterisk), shall be imprisoned at hard labor
20 for not less than four years nor more than ten years and may, in addition, be required
21 to pay a fine of not more than five thousand dollars. Except as otherwise provided
22 in Paragraphs (2), (3), and (4) of this Subsection, a substance classified in
23 Schedule I for an amount of:
24 (a) An aggregate weight of less than two grams, shall be imprisoned, with
25 or without hard labor, for not more than two years and may, in addition, be
26 required to pay a fine of not more than five thousand dollars.
27 (b) An aggregate weight of two grams or more but less than twenty-eight
28 grams, shall be imprisoned, with or without hard labor, for not less than one
29 year nor more than ten years and may, in addition, be required to pay a fine of
30 not more than five thousand dollars.
Page 18 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 (2) Phencyclidine, shall be sentenced to imprisonment with or without hard
2 labor for not less than five nor more than twenty years and may be sentenced to pay
3 a fine of not more than five thousand dollars, or both.
4 (3) Any other controlled dangerous substance classified in Schedule I, shall
5 be imprisoned at hard labor for not more than ten years, and may in addition, be
6 required to pay a fine of not more than five thousand dollars.
7 D. Other penalties for possession. (1) Except as otherwise authorized in this
8 Part:
9 (a) Any person who knowingly or intentionally possesses twenty-eight grams
10 or more, but less than two hundred grams, of a narcotic drug (all substances in
11 Schedule I preceded by an asterisk "*"), shall be sentenced to serve a term of
12 imprisonment at hard labor of not less than five years, nor more than thirty years, and
13 to pay a fine of not less than fifty thousand dollars, nor more than one hundred fifty
14 thousand dollars.
15 (b) Any person who knowingly or intentionally possesses two hundred grams
16 or more, but less than four hundred grams, of a narcotic drug (all substances in
17 Schedule I preceded by an asterisk "*"), shall be sentenced to serve a term of
18 imprisonment at hard labor of not less than ten years, nor more than thirty years, and
19 to pay a fine of not less than one hundred thousand dollars, nor more than three
20 hundred fifty thousand dollars.
21 (c) Any person who knowingly or intentionally possesses four hundred grams
22 or more of a narcotic drug (all substances in Schedule I preceded by an asterisk "*"),
23 shall be sentenced to serve a term of imprisonment at hard labor of not less than
24 fifteen years, nor more than thirty years, and to pay a fine of not less than two
25 hundred fifty thousand dollars, nor more than six hundred thousand dollars.
26 E.(1) Possession of marijuana.
27 (a) Except as provided in Subsection F of this Section, on a conviction for
28 violation of Subsection C of this Section with regard to marijuana,
29 tetrahydrocannabinol, or chemical derivatives thereof, the offender shall be punished
30 as follows:
Page 19 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 (2) A substance classified in Schedule I that is marijuana,
2 tetrahydrocannabinol, or chemical derivatives thereof, shall be punished as
3 follows:
4 (i)(a) On a first conviction, wherein the offender possesses fourteen grams
5 or less, the offender shall be fined not more than three hundred dollars, imprisoned
6 in the parish jail for not more than fifteen days, or both.
7 (ii)(b) On a first conviction, wherein the offender possesses more than
8 fourteen grams, the offender shall be fined not more than five hundred dollars,
9 imprisoned in the parish jail for not more than six months, or both.
10 (iii)(c) Any person who has been convicted of a violation of sentenced under
11 the provisions of Item (i) or (ii) of this Subparagraph (a) or (b) of this Paragraph
12 and who has not been convicted of any other violation of a statute or ordinance
13 prohibiting the possession of marijuana for a period of two years from the date of
14 completion of sentence, probation, parole, or suspension of sentence shall not be
15 eligible to have the conviction used as a predicate conviction for enhancement
16 purposes. The provisions of this Subparagraph Paragraph shall occur only once
17 with respect to any person.
18 (b) Except as provided in Subsection F of this Section, on a second
19 conviction for violation of Subsection C of this Section with regard to marijuana,
20 tetrahydrocannabinol or chemical derivatives thereof, the offender shall be fined not
21 more than one thousand dollars, imprisoned in the parish jail for not more than six
22 months, or both.
23 (d) On a second conviction the offender shall be fined not more than one
24 thousand dollars, imprisoned in the parish jail for not more than six months, or
25 both.
26 (c)(i) Except as provided in Subsection F of this Section, on a third
27 conviction for violation of Subsection C of this Section with regard to marijuana,
28 tetrahydrocannabinol or chemical derivatives thereof, the offender shall be sentenced
29 to imprisonment with or without hard labor for not more than two years, shall be
30 fined not more than two thousand five hundred dollars, or both.
Page 20 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 (e)(i) On a third conviction the offender shall be sentenced to
2 imprisonment, with or without hard labor, for not more than two years, shall
3 be fined not more than two thousand five hundred dollars.
4 (ii) If the court places the offender on probation, the probation shall provide
5 for a minimum condition that he participate in a court-approved substance abuse
6 program and perform four eight-hour days of court-approved community service
7 activities. Any costs associated with probation shall be paid by the offender.
8 (d)(i) Except as provided in Subsection F of this Section, on a fourth or
9 subsequent conviction for violation of Subsection C of this Section with regard to
10 marijuana, tetrahydrocannabinol or chemical derivatives thereof, the offender shall
11 be sentenced to imprisonment with or without hard labor for not more than eight
12 years, shall be fined not more than five thousand dollars, or both.
13 (f)(i) On a fourth or subsequent conviction the offender shall be
14 sentenced to imprisonment with or without hard labor for not more than eight
15 years, shall be fined not more than five thousand dollars, or both.
16 (ii) If the court places the offender on probation, the probation shall provide
17 for a minimum condition that he participate in a court-approved substance abuse
18 program and perform four eight-hour days of court-approved community service
19 activities. Any costs associated with probation shall be paid by the offender.
20 (e)(g) Except as provided in Item (a)(iii) Subparagraph (c) of this
21 Paragraph, a conviction for the violation of any other statute or ordinance with the
22 same elements as Subsection C of this Section prohibiting the possession of
23 marijuana, tetrahydrocannabinol or chemical derivatives thereof, shall be considered
24 as a prior conviction for the purposes of this Subsection relating to penalties for
25 second, third, or subsequent offenders.
26 (f)(h) Except as provided in Item (a)(iii) Subparagraph (c) of this
27 Paragraph, a conviction for the violation of any other statute or ordinance with the
28 same elements as Paragraph (B)(3) (B)(2) of this Section prohibiting the distributing
29 or dispensing or possession with intent to distribute or dispense marijuana,
30 tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids shall
Page 21 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 be considered as a prior conviction for the purposes of this Subsection relating to
2 penalties for second, third, or subsequent offenders.
3 (2) Possession of synthetic cannabinoids. (a) Except as provided in
4 Subsections F and G of this Section, on a first conviction for violation of Subsection
5 C of this Section with regard to synthetic cannabinoids, the offender shall be fined
6 not more than five hundred dollars, imprisoned for not more than six months, or
7 both.
8 (b) Except as provided in Subsections F and G of this Section, on a second
9 conviction for violation of Subsection C of this Section with regard to synthetic
10 cannabinoids, the offender shall be fined not less than two hundred fifty dollars nor
11 more than two thousand dollars, imprisoned with or without hard labor for not more
12 than five years, or both.
13 (c) Except as provided in Subsections F and G of this Section, on a third or
14 subsequent conviction for violation of Subsection C of this Section with regard to
15 synthetic cannabinoids, the offender shall be sentenced to imprisonment with or
16 without hard labor for not more than twenty years, and may, in addition, be fined not
17 more than five thousand dollars.
18 (d) A conviction for the violation of any other provision of law or ordinance
19 with the same elements as Subsection C of this Section prohibiting the possession
20 of synthetic cannabinoids shall be considered a prior conviction for the purposes of
21 this Paragraph relating to penalties for second, third, or subsequent offenses.
22 (3) A substance classified in Schedule I which is a synthetic cannabinoid,
23 the offender shall be punished as follows:
24 (a) On a first conviction, the offender shall be fined not more than five
25 hundred dollars, imprisoned for not more than six months, or both.
26 (b) On a second conviction, the offender shall be fined not less than two
27 hundred fifty dollars nor more than two thousand dollars, imprisoned with or
28 without hard labor for not more than five years, or both.
29 (c) On a third or subsequent conviction, the offender shall be sentenced
30 to imprisonment at hard labor for not more than twenty years, and may, in
Page 22 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
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) (B)(2) 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 (4) 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.
22 (b) An aggregate weight of two grams or more but less than twenty-eight
23 grams, shall be sentenced to a term of imprisonment, with or without hard
24 labor, for not less than two years nor more than ten years and may, in addition
25 be required to pay a fine of not more than five thousand dollars.
26 F. Except as otherwise authorized in this Part:
27 (1) Any person who knowingly or intentionally possesses two and one-half
28 pounds or more, but less than sixty pounds of marijuana, tetrahydrocannabinol or
29 chemical derivatives thereof, or synthetic cannabinoids shall be sentenced to serve
30 a term of imprisonment with or without hard labor of not less than two years, nor
Page 23 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 more than ten years, and to pay a fine of not less than ten thousand dollars nor more
2 than thirty thousand dollars.
3 (2) Any person who knowingly or intentionally possesses sixty pounds or
4 more, but less than two thousand pounds of marijuana, tetrahydrocannabinol or
5 chemical derivatives thereof, or synthetic cannabinoids shall be sentenced to serve
6 a term of imprisonment at hard labor of not less than five years, nor more than thirty
7 years, and to pay a fine of not less than fifty thousand dollars nor more than one
8 hundred thousand dollars.
9 (3) Any person who knowingly or intentionally possesses two thousand
10 pounds or more, but less than ten thousand pounds of marijuana,
11 tetrahydrocannabinol or chemical derivatives thereof, or synthetic cannabinoids shall
12 be sentenced to serve a term of imprisonment at hard labor of not less than ten years
13 nor more than forty years, and to pay a fine of not less than one hundred thousand
14 dollars nor more than four hundred thousand dollars.
15 (4) Any person who knowingly or intentionally possesses ten thousand
16 pounds or more of marijuana, tetrahydrocannabinol or chemical derivatives thereof,
17 or synthetic cannabinoids shall be sentenced to serve a term of imprisonment at hard
18 labor of not less than twenty-five years, nor more than forty years and to pay a fine
19 of not less than four hundred thousand dollars nor more than one million dollars.
20 G. With respect to any person to whom the provisions of Subsections D and
21 F of this Section are applicable, the adjudication of guilt or imposition of sentence
22 shall not be suspended, deferred, or withheld, nor shall such person be eligible for
23 probation or parole prior to serving the minimum sentences provided by Subsection
24 D or F of this Section.
25 D. If a person knowingly or intentionally possesses a controlled substance
26 as classified in Schedule I, unless such substance was obtained directly or
27 pursuant to a valid prescription or order from a practitioner, as provided in
28 R.S. 40:978, while acting in the course of his professional practice, where the
29 amount of the controlled substance is equal to or above the following weights,
30 it shall be considered a violation of Subsection A of this Section:
Page 24 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 (1) For marijuana, tetrahydrocannabinol, synthetic cannabinoids, or
2 chemical derivatives thereof, two and one-half pounds.
3 (2) For any other Schedule I controlled substance, twenty-eight grams.
4 H.E. Notwithstanding any other provision of law to the contrary, unless
5 eligible for parole at an earlier date, a person committed to the Department of Public
6 Safety and Corrections serving a life sentence for the production, manufacturing,
7 distribution, or dispensing or possessing with intent to produce, manufacture, or
8 distribute heroin shall be eligible for parole consideration upon serving at least
9 fifteen years of imprisonment in actual custody.
10 I.F. Immunity from prosecution. Any person who is a patient of the
11 state-sponsored medical marijuana program in Louisiana, and who possesses medical
12 marijuana in a form permissible under R.S. 40:1046 for a condition enumerated
13 therein, a caregiver as defined in R.S. 15:1503, or any person who is a domiciliary
14 parent of a minor child who possesses medical marijuana on behalf of his minor
15 child in a form permissible under R.S. 40:1046 for a condition enumerated therein
16 pursuant to a legitimate medical marijuana prescription or recommendation, shall not
17 be subject to prosecution for possession or distribution of marijuana under this
18 Section for possessing medical marijuana or dispensing medical marijuana to his
19 minor child who is a patient of the state-sponsored medical marijuana program. This
20 defense must be raised in accordance with R.S. 40:991, and the defendant bears the
21 burden of proof of establishing that the possession or distribution of the marijuana
22 was in accordance with the state-sponsored medical marijuana program.
23 G. Treatment for heroin and fentanyl addiction as a condition for
24 probation. (1) Upon conviction of Paragraph (B)(3) or (C)(4) of this Section,
25 possession with intent to distribute heroin or fentanyl or possession of heroin or
26 fentanyl, the court may suspend any sentence which it imposes and place the
27 defendant on probation pursuant to Code of Criminal Procedure Article 893.
28 The court may order the division of probation and parole of the Department of
29 Public Safety and Corrections to conduct a presentence investigation, or may
30 order the defendant to obtain a substance abuse evaluation, for the purpose of
Page 25 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 determining whether the defendant has a substance abuse disorder.
2 (2) Upon receiving the report or evaluation, the court shall, if it finds
3 probable cause from such report to believe the defendant has a substance abuse
4 disorder, order a contradictory hearing for the purpose of making a judicial
5 determination on whether the defendant has a substance abuse disorder.
6 (3) If, at such contradictory hearing, the court determines that the
7 defendant has a substance abuse disorder, it shall require as a condition of
8 probation that the defendant complete a drug treatment program if the
9 following conditions are met:
10 (a) There is an available program in the local jurisdiction that has
11 sufficient experience in working with criminal justice participants with
12 substance abuse disorders and is certified and approved by the state of
13 Louisiana.
14 (b) The cost of the approved treatment does not create a substantial
15 financial hardship to the defendant or his dependents. For purposes of this
16 determination, "substantial financial hardship" shall have the same meaning
17 as provided in R.S. 15:175.
18 (4) If the offender does not successfully complete the drug treatment
19 program, or otherwise violates the conditions of his probation, the court may
20 revoke the probation or impose other sanctions pursuant to Code of Criminal
21 Procedure Article 900.
22 §967. Prohibited acts-Schedule II, penalties
23 * * *
24 B. Penalties for violation Violations of Subsection A. Except as provided in
25 Subsection F, any Any person who violates Subsection A of this Section with
26 respect to:
27 (1) A Except as otherwise provided in Paragraphs (2) and (3) of this
28 Subsection, a substance classified in Schedule II which is an amphetamine or
29 methamphetamine or which is a narcotic drug, except cocaine or cocaine base or a
30 mixture or substance containing cocaine or its analogues as provided in Schedule
Page 26 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 II(A)(4) of R.S. 40:964 and except oxycodone as provided in Schedule II(A)(1)(o)
2 of R.S. 40:964 and except methadone as provided in Schedule II(B)(11) of R.S.
3 40:964 shall be sentenced to a term of imprisonment at hard labor for not less than
4 two years nor more than thirty years; and may, in addition, be sentenced to pay a fine
5 of not more than fifty thousand dollars. for an amount of:
6 (a) An aggregate weight of less than twenty-eight grams, shall be
7 imprisoned, with or without hard labor, for not less than one year nor more
8 than ten years and may, in addition, be fined not more than fifty thousand
9 dollars.
10 (b) An aggregate weight of twenty-eight grams or more, shall be
11 imprisoned at hard labor for not less than one year nor more than twenty years
12 and may, in addition, be fined not more than fifty thousand dollars.
13 (2) Pentazocine, shall be sentenced to imprisonment at hard labor for not less
14 than two years nor more than ten years, at least two years of which shall be served
15 without benefit of parole, probation, or suspension of sentence, and, in addition, may
16 be sentenced to pay a fine of not more than fifteen thousand dollars.
17 (3)(a) Production or manufacturing of amphetamine or methamphetamine
18 shall be sentenced to imprisonment at hard labor for not less than ten years nor more
19 than thirty years, at least ten years of which shall be served without benefit of parole,
20 probation, or suspension of sentence, and in addition may be sentenced to pay a fine
21 of not more than five hundred thousand dollars.
22 (b) This Subparagraph shall be cited as the "Child Endangerment Law."
23 When the state proves in addition to the elements of the crime as set forth in
24 Subsection A of this Section that a minor child twelve years of age or younger is
25 present in the home, mobile home or other inhabited dwelling at the time of the
26 commission of the offense, the minimum mandatory sentence shall be fifteen years
27 without benefit of parole, probation, or suspension of sentence.
28 (4)(a)(3) Production or manufacturing of cocaine or cocaine base or a mixture
29 or substance containing cocaine or its analogues as provided in Schedule II(A)(4) of
30 R.S. 40:964 or oxycodone as provided in Schedule II(A)(1)(o) Schedule II (A)(1)(p)
Page 27 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 of R.S. 40:964 or methadone as provided in Schedule II(B)(11) Schedule II(B)(15)
2 of R.S. 40:964 shall be sentenced to imprisonment at hard labor for not less than ten
3 nor more than thirty years, at least ten years of which shall be served without benefit
4 of parole, probation, or suspension of sentence, and may be fined not more than five
5 hundred thousand dollars.
6 (b) Distribution, dispensing, or possession with intent to produce,
7 manufacture, distribute, or dispense cocaine or cocaine base or a mixture or
8 substance containing cocaine or its analogues as provided in Schedule II(A)(4) of
9 R.S. 40:964 or oxycodone as provided in Schedule II(A)(1)(o) of R.S. 40:964 or
10 methadone as provided in Schedule II(B)(11) of R.S. 40:964 shall be sentenced to
11 a term of imprisonment at hard labor for not less than two years nor more than thirty
12 years, with the first two years of said sentence being without benefit of parole,
13 probation, or suspension of sentence; and may, in addition, be sentenced to pay a fine
14 of not more than fifty thousand dollars.
15 (5) Any other controlled dangerous substance classified in Schedule II except
16 pentazocine, amphetamine, methamphetamine, cocaine, or oxycodone, or methadone
17 shall be sentenced to a term of imprisonment at hard labor for not more than ten
18 years, and in addition may be sentenced to pay a fine of not more than fifteen
19 thousand dollars.
20 C. Possession. It is unlawful for any person knowingly or intentionally to
21 possess a controlled dangerous substance as classified in Schedule II unless such
22 substance was obtained directly or pursuant to a valid prescription or order from a
23 practitioner, as provided in R.S. 40:978 while acting in the course of his professional
24 practice, or except as otherwise authorized by this Part. Any person who violates
25 this Subsection with respect to:
26 (1) Any person who violates this Subsection with respect to pentazocine shall
27 be imprisoned with or without hard labor for not less than two years and for not more
28 than five years and, in addition, may be sentenced to pay a fine of not more than five
29 thousand dollars.
30 An aggregate weight of less than two grams, shall be imprisoned, with
Page 28 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 or without hard labor, for not more than two years and, in addition, may be
2 sentenced to pay a fine of not more than five thousand dollars.
3 (2) Any person who violates this Subsection as to any other controlled
4 dangerous substance shall be imprisoned with or without hard labor for not more
5 than five years and, in addition, may be sentenced to pay a fine of not more than five
6 thousand dollars.
7 An aggregate weight of two grams or more but less than twenty-eight
8 grams shall be imprisoned, with or without hard labor, for not less than one
9 year nor more than five years and, in addition, may be sentenced to pay a fine
10 of not more than five thousand dollars.
11 (3) Phencyclidine, for an amount of an aggregate weight of less than
12 twenty-eight grams, shall be imprisoned at hard labor for not less than one year
13 nor more than twenty years, or required to pay a fine of not more than five
14 thousand dollars, or both.
15 D. If a person knowingly or intentionally possesses a controlled substance
16 as classified in Schedule II, unless such substance was obtained directly or
17 pursuant to a valid prescription or order from a practitioner, as provided in
18 R.S. 40:978 while acting in the course of his professional practice, where the
19 amount of the controlled substance is an aggregate weight of twenty-eight grams
20 or more, it shall be considered a violation of Subsection A of this Section.
21 * * *
22 §968. Prohibited acts-Schedule III; penalties
23 * * *
24 B. Penalties for violation Violations of Subsection A. Any person who
25 violates Subsection A of this Section with respect to any controlled dangerous
26 substance classified in Schedule III shall be sentenced to a term of imprisonment, at
27 with or without hard labor, for not less than one year nor more than ten years; and,
28 in addition, may be sentenced to pay a fine of not more than fifteen thousand dollars.
29 C. Possession. It is unlawful for any person knowingly or intentionally to
30 possess a controlled dangerous substance classified in Schedule III unless such
Page 29 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 substance was obtained directly or pursuant to a valid prescription or order from a
2 practitioner, or as provided in R.S. 40:978 or R.S. 40:1239 R.S. 40:1060.21, while
3 acting in the course of his professional practice or except as otherwise authorized by
4 this Part. Any person who violates this Subsection shall be imprisoned, with or
5 without hard labor, for not less than one year nor more than five years and, in
6 addition, may be required to pay a fine of not more than five thousand dollars.
7 §969. Prohibited acts-Schedule IV; penalties
8 * * *
9 B. Penalties for violation Violations of Subsection A. Any person who
10 violates Subsection A of this Section with respect to:
11 (1) Flunitrazepam shall be sentenced to a term of imprisonment at hard labor
12 for not less than five years one year nor more than thirty twenty years and pay a fine
13 of not more than fifty thousand dollars.
14 (2) Any other controlled dangerous substance classified in Schedule IV,
15 except flunitrazepam, shall be sentenced to a term of imprisonment, at with or
16 without hard labor, for not less than one year nor more than ten years; and, in
17 addition, may be sentenced to pay a fine of not more than fifteen thousand dollars.
18 C. Possession. It is unlawful for any person knowingly or intentionally to
19 possess a controlled dangerous substance classified in Schedule IV unless such
20 substance was obtained directly or pursuant to a valid prescription or order from a
21 practitioner, or as provided in R.S. 40:978, while acting in the course of his
22 professional practice or except as otherwise authorized by this Part. Any person who
23 violates this Subsection with respect to:
24 (1) Flunitrazepam shall be imprisoned, at with or without hard labor, for not
25 less than one year nor more than ten years, and may, in addition, be required to pay
26 a fine of not more than five thousand dollars.
27 (2) Any other controlled dangerous substance shall be imprisoned with or
28 without hard labor for not less than one year nor more than five years and, in
29 addition, may be required to pay a fine of not more than five thousand dollars.
30 * * *
Page 30 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 220 ENROLLED
1 §970. Prohibited acts-Schedule V; penalties
2 * * *
3 B. Penalties for violation Violations of Subsection A. Any person who
4 violates Subsection A of this Section with respect to any controlled dangerous
5 substance classified in Schedule V shall be sentenced to a term of imprisonment, at
6 with or without hard labor, for not less than one year nor more than five years;
7 and, in addition, may be sentenced to pay a fine of not more than five thousand
8 dollars.
9 C. Possession. It is unlawful for any person unknowingly or intentionally
10 to possess a controlled dangerous substance classified in Schedule V unless such
11 substance was obtained directly or pursuant to a valid prescription or order from a
12 practitioner, or as provided in R.S. 40:978, while acting in the course of his
13 professional practice or except as otherwise authorized by this Part. Any person who
14 violates this section Subsection shall be imprisoned with or without hard labor for
15 not less than one year nor more than five years; and, in addition, may be required
16 to pay a fine of not more than five thousand dollars.
17 Section 3. R.S. 14:2(B)(8), (25), and (29), 56.1, 56.2, 56.3, 62.1, 62.6, 62.9, 67.1,
18 67.2, 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,
19 68.5, 71(H) and (I), and 211 and R.S. 40:966(G), (H), and (I) and 967(F) and (G) are hereby
20 repealed in their entirety.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 31 of 31
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.