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 Reengrossed 2018 Regular Session Stefanski
Abstract: Provides for pre-arrest 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 who employs at least 25 persons,
or an authorized agent or employee of a merchant who employs at least 25 persons, is not precluded
from offering a person suspected of theft the opportunity to complete a pre-arrest theft prevention
program in lieu of reporting the offense to law enforcement.
Proposed law authorizes a provider of a theft prevention program to charge a fee of not more than
$500 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.
Further 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. The House Floor Amendments to the engrossed bill:
1. Specify that the proposed law authority to offer a person suspected of theft the
opportunity to complete a pre-arrest theft prevention program in lieu of reporting the
offense to law enforcement applies only to a merchant, or an authorized agent or
employee of a merchant, who employs at least 25 persons.
2. Provide that the fee to participate in the program shall not exceed $500.
3. Specify that the proposed law theft prevention program is a pre-arrest program.