HLS 18RS-643 ORIGINAL
2018 Regular Session
HOUSE BILL NO. 186
BY REPRESENTATIVES MARINO AND BACALA
DRUGS/CONTROLLED: Provides relative to the attempt or conspiracy to commit
violations of the Uniform Controlled Dangerous Substances Law
1 AN ACT
2To amend and reenact R.S. 40:979, relative to the attempt or conspiracy to commit
3 violations of the Uniform Controlled Dangerous Substances Law; to provide relative
4 to the penalties imposed for the attempt or conspiracy to distribute or possess with
5 intent to distribute certain Schedule I controlled dangerous substances; and to
6 provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 40:979 is hereby amended and reenacted to read as follows:
9 §979. Attempt and conspiracy
10 A. Except as otherwise provided herein, any Any person who attempts or
11 conspires to commit any offense denounced and/or made unlawful by set forth in the
12 provisions of this Part shall, upon conviction, be fined or imprisoned in the same
13 manner as for the offense planned or attempted, but such fine or imprisonment shall
14 not exceed one-half of the longest term of imprisonment prescribed for the offense,
15 the commission of which was the object of the attempt or conspiracy.
16 B. Any person who attempts or conspires to distribute or possess with intent
17 to distribute any substance classified in Schedule I, as provided for in R.S. 40:963
18 and R.S. 40:964, which is a narcotic drug (all substances in Schedule I preceded by
19 an asterisk "*") shall, upon conviction, be imprisoned at hard labor for not less than
20 eight nor more than fifty years without benefit of parole, probation or suspension of
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-643 ORIGINAL
HB NO. 186
1 sentence and may, in addition, be required to pay a fine of not more than ten
2 thousand dollars.
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 186 Original 2018 Regular Session Marino
Abstract: Provides relative to the penalties imposed upon persons who attempt or conspire
to distribute or possess with the intent to distribute a Schedule I controlled dangerous
substance that is a narcotic drug.
Present law provides for the Uniform Controlled Dangerous Substances Law which imposes
criminal penalties upon any person who manufactures, produces, distributes, possesses with
the intent to distribute, or possesses a controlled dangerous substance or who engages in
other unlawful acts set forth in present law relative to controlled dangerous substances.
Present law further provides for the following penalties for the attempt or conspiracy to
commit any offense set forth in the Uniform Controlled Dangerous Substances Law:
(1)Except as provided in Paragraph (2) below, the person shall be fined or imprisoned
in the same manner as for the offense planned or attempted, but such fine or
imprisonment shall not exceed ½ the longest term of imprisonment prescribed for the
offense, the commission of which was the object of the attempt or conspiracy.
(2)If the person attempts or conspires to distribute or possess with the intent to
distribute a Schedule I controlled dangerous substance that is a narcotic drug, the
person shall be imprisoned at hard labor for not less than eight nor more than 50
years without benefit of parole, probation or suspension of sentence and may, in
addition, be required to pay a fine of not more than $10,000.
Proposed law removes the present law penalty provisions relative to persons who attempt
or conspire to distribute or to possess with the intent to distribute a Schedule I controlled
dangerous substance that is a narcotic drug. Such persons shall be subject to the present law
penalties set forth in Paragraph (1) above, which is retained by proposed law.
(Amends R.S. 40:979)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.