ENROLLED
2018 Regular Session
HOUSE BILL NO. 131
BY REPRESENTATIVE STEFANSKI
1 AN ACT
2 To 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.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. Code of Criminal Procedure Article 215(C) is hereby amended and
10 reenacted and Code of Criminal Procedure Article 215(A)(3) is hereby enacted to read as
11 follows:
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. The provisions of this Subparagraph apply only to those
20 merchants who employ at least twenty-five persons.
21 (b)(i) A provider of a theft prevention program may charge a fee of not more
22 than five hundred dollars for participation in the program and may not exclude a
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1 person otherwise eligible to participate in the program on the basis of the person's
2 race, national origin, religion, sex, or the ability to pay the fee.
3 (ii) A provider of a theft prevention program that charges a fee to participate
4 in the program may reduce or waive the fee based upon the inability of a participant
5 to pay.
6 (iii) A provider of a theft prevention program shall maintain records of the
7 criteria described in Item (b)(i) for a period of not less than three years without
8 including personal identifying information. This report shall be made available to
9 the district attorney upon request.
10 (iv) A provider of a theft prevention program shall provide to the district
11 attorney, upon request, its criteria for a person's participation in its theft prevention
12 program.
13 (v) A merchant or a specifically authorized employee or agent of a merchant
14 that offers a person the opportunity to complete a theft prevention program shall
15 provide a copy of the written offer to the district attorney upon request.
16 (vi) Nothing in this Subparagraph shall preclude a district attorney or court
17 from offering a theft prevention program in compliance with the provisions of this
18 Subparagraph.
19 (c) The participant shall not be required to sign an admission of guilt nor
20 sign any binding agreement in connection with participation in the theft prevention
21 program.
22 (d) Any person who successfully completes a theft prevention program
23 pursuant to this Subparagraph shall not be subject to any additional civil penalties
24 under any other provision of law.
25 * * *
26 C. As used in this Article, the following definitions apply:
27 (1) "reasonable Reasonable under the circumstances" shall be construed in
28 such a manner so as to include the value of the merchandise in question, the location
29 of the store, the length of time taken for law enforcement personnel to respond, the
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1 cooperation of the person detained, and any other relevant circumstances to be
2 considered with respect to the length of time a person is detained.
3 (2) "Theft prevention program" is a pre-arrest program designed to address
4 the underlying causes of theft, reduce the occurrences of theft, and promote
5 accountability and reconciliation between the person suspected of theft and the
6 merchant, and may be provided by the merchant or an independent third-party
7 provider.
8 Section 2. R.S. 14:66(A)(2) is hereby amended and reenacted to read as follows:
9 ยง66. Extortion
10 A. Extortion is the communication of threats to another with the intention
11 thereby to obtain anything of value or any acquittance, advantage, or immunity of
12 any description. Any one of the following kinds of threats shall be sufficient to
13 constitute extortion:
14 * * *
15 (2) A threat to accuse the individual threatened or any member of his family
16 or any other person held dear to him of any crime. An offer to participate in a theft
17 prevention program pursuant to Code of Criminal Procedure Article 215 shall not
18 constitute a violation of the provisions of this Paragraph.
19 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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