GREEN SHEET REDIGEST
HB 223 2018 Regular Session Marino
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
CRIMINAL/SENTENCING : Provides relative to responsive verdicts.
DIGEST
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.
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Prepared by Alden A. Clement, Jr. (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))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
reengrossed bill
1. Make technical changes.
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Prepared by Alden A. Clement, Jr.