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 Original 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.
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))