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 223 Engrossed 2018 Regular Session Marino
Abstract: Provides relative to responsive verdicts for violations of the Uniform Controlled
Dangerous Substances Law that are based upon weight of the substance, and amends
responsive verdicts to reflect existing penalty grades for certain offenses against property.
Present law (C.Cr.P. Art. 814) provides for a specified list of responsive verdicts for certain offenses
that are required to be used by the jury when rendering its verdict. In any case in which a responsive
verdict is not specifically provided for by present law, present law (C.Cr.P. Art. 815) provides
general verdicts that are responsive and include the following: guilty, guilty of a lesser included
grade of the offense, and not guilty.
Present law provides specified responsive verdicts for certain violations of the Uniform Controlled
Dangerous Substances (CDS) Law, and further provides that in any case arising under the CDS Law
not provided for in the specified list of responsive verdicts, the general verdicts provided by present
law (C.Cr.P. Art. 815) shall apply.
Certain penalties provided under the present CDS Law depend upon the weight of the substance
involved.
Proposed law retains present law relative to responsive verdicts for cases arising under the CDS Law,
but provides that any offense arising under the CDS Law that is graded according to the weight of
the substance, the responsive verdicts shall include grades of the offense that are based upon lesser
weights than the weight of the substance that is charged in the indictment.
Present law crimes of theft, simple criminal damage to property, and unauthorized use of a movable
provide certain penalties based on the value of the property that is taken or damaged.
Prior to Act No. 281 of the 2017 R.S., the crime of theft provided certain criminal penalties based
on the following thresholds:
(1)The misappropriation or taking amounts to a value of $25,000 or more.
(2)The misappropriation or taking amounts to a value of $5,000 or more, but less than a value
of $25,000.
(3)The misappropriation or taking amounts to a value of $750 or more, but less than a value of
$5,000. (4)The misappropriation or taking amounts to a value of less than $750.
Prior to Act No. 281 of the 2017 R.S., the crime of simple criminal damage to property provided
certain criminal penalties based on the following thresholds:
(1)The damage is less than $500.
(2)The damage amounts to $500 but less than $50,000.
Prior to Act No. 281 of the 2017 R.S., the crime of unauthorized use of a movable provided certain
criminal penalties based on the following thresholds:
(1)The movable has a value of $500 or less.
(2)The movable has a value in excess of $500.
Act No. 281 of the 2017 R.S. amended the threshold values for certain penalties provided in the
crimes of theft, simple criminal damage to property, and unauthorized use of a movable to provide
as follows:
(1)For the crime of theft, the threshold value of $750 was increased to a value of $1,000.
(2)For the crimes of simple criminal damage to property and unauthorized use of a movable,
the threshold value of $500 was increased to $1,000.
Present law responsive verdicts for the crimes of theft, aggravated criminal damage to property,
simple criminal damage to property, and the attempt to commit these offenses do not reflect the
present law threshold values for the crimes of theft, simple criminal damage to property, and
unauthorized use of a movable, but instead reflect the law that was in effect prior to Act No. 281 of
the 2017 R.S.
Proposed law amends the present law responsive verdicts for the crimes of theft, aggravated criminal
damage to property, simple criminal damage to property, and the attempt to commit these offenses
to reflect the present law threshold values for the crimes of theft, simple criminal damage to
property, and unauthorized use of a movable.
Proposed law makes other technical changes to present law, including renumbering the responsive
verdicts provided in present law to remove decimalization.
(Amends C.Cr.P. Art. 814(A) and (B))