HLS 18RS-487 ENGROSSED
2018 Regular Session
HOUSE BILL NO. 131
BY REPRESENTATIVE STEFANSKI
CRIME/THEFT: Provides relative to theft prevention programs
1 AN ACT
2To amend and reenact Code of Criminal Procedure Article 215(C) and R.S. 14:66(A)(2) and
3 to enact Code of Criminal Procedure Article 215(A)(3), relative to theft of goods; to
4 provide relative to theft prevention programs; to prohibit the exclusion of
5 participants based upon certain factors; to provide relative to a fee; to provide
6 relative to certain requirements of the program; to provide definitions; and to provide
7 for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1. Code of Criminal Procedure Article 215(C) is hereby amended and
10reenacted and Code of Criminal Procedure Article 215(A)(3) is hereby enacted to read as
11follows:
12 Art. 215. Detention and arrest of shoplifters
13 A.
14 * * *
15 (3)(a) A merchant or a specifically authorized employee or agent of a
16 merchant who has reasonable cause to believe that a person has committed a theft of
17 goods held for sale by the merchant, is not precluded from offering such person the
18 opportunity to complete a theft prevention program in lieu of reporting the suspected
19 theft to law enforcement.
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HB NO. 131
1 (b)(i) A provider of a theft prevention program may charge a fee for
2 participation in the program and may not exclude a person otherwise eligible to
3 participate in the program on the basis of the person's race, national origin, religion,
4 sex, or the ability to pay the fee.
5 (ii) A provider of a theft prevention program that charges a fee to participate
6 in the program may reduce or waive the fee based upon the inability of a participant
7 to pay.
8 (c) The participant shall not be required to sign an admission of guilt nor
9 sign any binding agreement in connection with participation in the theft prevention
10 program.
11 * * *
12 C. As used in this Article, the following definitions apply:
13 (1) "reasonable Reasonable under the circumstances" shall be construed in
14 such a manner so as to include the value of the merchandise in question, the location
15 of the store, the length of time taken for law enforcement personnel to respond, the
16 cooperation of the person detained, and any other relevant circumstances to be
17 considered with respect to the length of time a person is detained.
18 (2) "Theft prevention program" is a program designed to address the
19 underlying causes of theft, reduce the occurrences of theft, and promote
20 accountability and reconciliation between the person suspected of theft and the
21 merchant, and may be provided by the merchant or an independent third-party
22 provider.
23 Section 2. R.S. 14:66(A)(2) is hereby amended and reenacted to read as follows:
24 ยง66. Extortion
25 A. Extortion is the communication of threats to another with the intention
26 thereby to obtain anything of value or any acquittance, advantage, or immunity of
27 any description. Any one of the following kinds of threats shall be sufficient to
28 constitute extortion:
29 * * *
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HB NO. 131
1 (2) A threat to accuse the individual threatened or any member of his family
2 or any other person held dear to him of any crime. An offer to participate in a theft
3 prevention program pursuant to Code of Criminal Procedure Article 215 shall not
4 constitute a violation of the provisions of this Paragraph.
5 * * *
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)]
HB 131 Engrossed 2018 Regular Session Stefanski
Abstract: Provides for theft prevention programs as an alternative to reporting a shoplifting
offense to law enforcement.
Present law authorizes law enforcement officials and merchants to detain a person suspected
of committing a theft of goods held for sale by the merchant (commonly referred to as
"shoplifting").
Proposed law retains present law and also provides that a merchant, or an authorized agent
or employee of a merchant, is not precluded from offering a person suspected of theft the
opportunity to complete a theft prevention program in lieu of reporting the offense to law
enforcement. Authorizes a provider of a theft prevention program to charge a fee for
participation in the program and prohibits the exclusion of a person otherwise eligible to
participate on the basis of the person's race, national origin, religion, sex, or the ability to pay
the fee. Provides that a provider that charges a fee to participate in the program may reduce
or waive the fee based upon the inability of a participant to pay. Provides that the participant
in the program shall not be required to sign an admission of guilt nor sign any binding
agreement in connection with participation in the program.
Present law provides that one element of the crime of extortion is the communication of a
threat to accuse another of a crime with the intention to obtain anything of value or any
acquittance, advantage, or immunity of any description.
Proposed law retains present law but provides that an offer by a merchant to a person
suspected of a theft of goods to participate in a theft prevention program is not a violation
of the present law crime of extortion.
(Amends C.Cr.P. Art. 215(C) and R.S. 14:66(A)(2); Adds C.Cr.P. Art. 215(A)(3))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Add that a participant in the program shall not be required to sign an admission
of guilt nor sign any binding agreement in connection with participation in the
program.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.