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 Reengrossed 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, simple
burglary of an inhabited dwelling, home invasion, theft, 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, 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.
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; simple burglary of a
pharmacy; simple burglary of a religious building; simple burglary of a law enforcement or
emergency vehicle; 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; 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 provides relative to the membership and organization of La. Felony Class System 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 further 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)(1), 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), (25) and (29), 56.1, 56.2, 56.3, 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, 67.24, 67.25(E), 67.28, 67.30, 68.5, 71(H) and (I), 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.
Senate Floor Amendments to engrossed bill
1. Increase, reduce, or otherwise modify penalty provisions for certain present law
offenses in accordance with the recommendations of the Justice Reinvestment Task
Force.
2. Return present law crime of intentional exposure to AIDS virus to the list of crimes
of violence.
3. Delete the following present law crimes in order to consolidate offenses and to
otherwise conform to recommendations of the Justice Reinvestment Task Force:
simple burglary of a pharmacy, simple burglary of a religious building, and simple
burglary of a law enforcement or emergency vehicle.
4. Delete proposed law relative to the crimes of illegal use of weapons or dangerous
instrumentalities and illegal carrying of weapons.
5. Provide relative to the membership of the La. Felony Class System Task Force.