Louisiana 2017 2017 Regular Session

Louisiana Senate Bill SB220 Comm Sub / Analysis

                    RDCSB220 3356 3520
DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
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.
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.
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 repeals present law.
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 requires the names of the persons who are to serve on the task force to be
submitted to the chief justice of the La. Supreme Court on or before Sept. 1, 2017. Proposed
law requires the chief justice to call the first meeting of the task force on or before Sept. 15,
2017.  Proposed law further requires the task force to meet a minimum of six times between
Sept. 15, 2017, and Feb. 1, 2018.
Page 1 of 3 RDCSB220 3356 3520
Proposed law requires the task force 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 Feb.
1, 2018.
Proposed law relative to the task force becomes null and of no effect on Feb. 2, 2018.
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(C)(1) and (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.
Summary of Amendments Adopted by House
Page 2 of 3 RDCSB220 3356 3520
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the reengrossed bill:
1. Restore present law prohibition on suspension of sentence for persons convicted
of the present law crime of possession of firearm or carrying concealed weapon
by a person convicted of certain felonies.
2. Change the date by which the names of persons who are to serve on the task
force shall be submitted to the chief justice of the La. Supreme Court from July
1, 2017, to Sept. 1, 2017.
3. Change the date by which the first meeting of the task force shall be held from
July 15, 2017, to Sept. 15, 2017.
4. Make technical corrections with respect to citations.
Page 3 of 3