RÉSUMÉ DIGEST
ACT 680 (HB 223) 2018 Regular Session Marino
Existing 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 existing law, existing 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.
Existing 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 existing law (C.Cr.P. Art. 815) shall apply.
Certain penalties provided under the existing CDS Law depend upon the weight of the
substance involved.
New law retains existing 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.
Existing 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. Prior 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 existing 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.
New law amends the prior 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 existing law threshold values for the crimes of theft, simple
criminal damage to property, and unauthorized use of a movable.
New law also adds "guilty of aggravated assault with a firearm" to the existing law list of
responsive verdicts for "attempted first degree murder" and "attempted second degree
murder".
New law makes other technical changes, including renumbering the responsive verdicts
provided in prior law to remove decimalization.
Effective August 1, 2018.
(Amends C.Cr.P. Art. 814(A) and (B))