The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 534 Original 2018 Regular Session Milkovich
Proposed law provides that it is unlawful for a person to coerce another person to obtain an abortion.
Proposed law provides that for purposes of proposed law the word "coerce" includes:
(1)Causing or threatening to cause serious bodily injury to another person.
(2) Physically restraining or threatening to physically restrain another person.
(3) Abducting or threatening to abduct another person.
(4) Using a plan, pattern, or statement with the intent to cause another person to believe that
failure to perform an act will result in the use of force against, serious harm to, or abduction
or physical restraint of the other person.
(5) Abusing or threatening the abuse of legal process against another person.
(6) Destroying or threatening the destruction, concealment, removal, confiscation, or possession
of any actual or purported passport or other immigration document, or any other actual or
purported government identification document, of another person.
(7) Controlling or threatening to control another person's access to a controlled dangerous
substance.
(8)The use of another person's physical or mental impairment, where such impairment has a
substantial adverse effect on the individual's cognitive or volitional functions.
(9) Using civil or criminal fraud.
(10) Extortion as defined in present law.
(11) Withholding financial support from an unemancipated minor by the minor's parents,
guardians, or custodian.
Proposed law provides that whoever violates proposed law is to be fined not less than $1,000 nor
more than $5,000 and imprisoned, with or without hard labor, for between six months and five years.
Present law provides that second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm.
(2) When the offender is engaged in the perpetration or attempted perpetration of certain
enumerated present law crimes, even though he has no intent to kill or to inflict great bodily
harm.
(3) When the offender unlawfully distributes or dispenses a controlled dangerous substance
listed in present law, or any combination thereof, that is the direct cause of the death of the
recipient who ingested or consumed the controlled dangerous substance.
(4) When the offender unlawfully distributes or dispenses a controlled dangerous substance
listed in present law, or any combination thereof, to another who subsequently distributes or
dispenses such controlled dangerous substance, and that is the direct cause of the death of
the person who ingested or consumed the controlled dangerous substance.
Proposed law retains present law and adds that second degree murder is committed when the
offender performs an abortion that results in the death of an unborn child on a person who has been
coerced into having the abortion in violation of proposed law relative to coerced abortions, and the
offender knew or reasonably should have known that the abortion had been coerced.
Present law provides that whoever commits the crime of second degree murder is to be punished by
life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.
Proposed law retains present law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 14:30.1(A)(5) and 87.6)