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2018 Regular Session
SENATE BILL NO. 54
BY SENATOR MARTINY
ARSON. Creates the crime of negligent arson. (gov sig)
1 AN ACT
2 To enact R.S. 14:52.2, relative to arson; to create the crime of negligent arson; to provide
3 definitions; to provide penalties; and to provide for related matters.
4 Be it enacted by the Legislature of Louisiana:
5 Section 1. R.S. 14:52.2 is hereby enacted to read as follows:
6 ยง52.2. Negligent arson
7 A. Negligent arson is the damaging of any property of another, movable
8 or immovable, by the setting of fire or causing an explosion, without consent of
9 the owner or custodian of the property, when the offender causes the setting of
10 a fire or an explosion and fails to report the fire or explosion as soon as possible
11 to the proper authorities, including any law enforcement agency, fire
12 department, or emergency services for the jurisdiction in which the property is
13 located.
14 B.(1) Whoever commits the crime of negligent arson, where the damage
15 done amounts to five thousand dollars or less, and where there was no
16 immediate threat to human life:
17 (a) On a first conviction shall be fined not more than one thousand
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 54
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1 dollars, or imprisoned for not more than six months, or both. In addition, the
2 offender shall be ordered to pay restitution for damages sustained.
3 (b) On a second and subsequent conviction, shall be fined not more than
4 two thousand five hundred dollars and imprisoned, with or without hard labor,
5 for not less than six months nor more than two years. In addition, the offender
6 shall be ordered to pay restitution for damages sustained.
7 (2) Whoever commits the crime of negligent arson, where the damage
8 done amounts to more than five thousand dollars, and where it is not
9 foreseeable that human life might be endangered, shall be fined not more than
10 five thousand dollars, or imprisoned, with or without hard labor, for not more
11 than two years, or both. In addition, the offender shall be ordered to pay
12 restitution for damages sustained.
13 (3) Whoever commits the crime of negligent arson, where it is foreseeable
14 that human life might be endangered, or where bodily injury was sustained,
15 shall be fined not less than ten thousand dollars nor more than fifteen thousand
16 dollars, or imprisoned, with or without hard labor, for not more than five years,
17 or both. In addition, the offender shall be ordered to pay restitution for
18 damages and injuries sustained.
19 C. Any person convicted of a violation of this Section shall register with
20 the state fire marshal in accordance with R.S. 15:562.3.
21 Section 2. This Act shall become effective upon signature by the governor or, if not
22 signed by the governor, upon expiration of the time for bills to become law without signature
23 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
24 vetoed by the governor and subsequently approved by the legislature, this Act shall become
25 effective on the day following such approval.
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 54 Engrossed 2018 Regular Session Martiny
Proposed law creates the crime of negligent arson. Proposed law defines negligent arson as
the damaging of any property of another, movable or immovable, by the setting of fire or
causing an explosion, without consent of the owner or custodian of the property, when the
offender causes the setting of a fire or an explosion and fails to immediately report the fire
or explosion to the proper authorities, including any law enforcement agency, fire
department, emergency services, or government agency within the jurisdiction in which the
property is located.
Proposed law provides that whoever commits the crime of negligent arson, where the
damage done amounts to $5,000 or less, and where there was no immediate threat to human
life:
(1) On a first conviction is to be fined not more than $1,000, imprisoned for not more
than six months, or both, and in addition must pay restitution.
(2)On a second and subsequent conviction, is to be fined not more than $2,500 and
imprisoned, with or without hard labor, for between six months and two years, and
in addition must pay restitution.
Proposed law provides that whoever commits the crime of negligent arson, where the
damage done amounts to more than $5,000, and where it was not foreseeable that human life
might be endangered, is to be fined not more than $5,000 or imprisoned, with or without
hard labor, for not more than two years, or both, and in addition must pay restitution.
Proposed law provides that whoever commits the crime of negligent arson, where it was
foreseeable that human life might be endangered or where bodily injury was sustained, is to
be fined between $10,000 and $15,000, or imprisoned, with or without hard labor, for up to
five years, or both, and in addition must pay restitution.
Proposed law provides that any person convicted of a violation of proposed law must register
with the state fire marshal in accordance with present law requiring the registration of certain
arson offenders.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 14:52.2)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Delete proposed law relative to an offender causing a fire or explosion with
certain criminal intent or criminal negligence.
2. Delete proposed law relative to an offender causing a fire or explosion while
engaged in certain drug crimes.
3. Delete proposed law relative to an offender causing a fire or explosion while
manufacturing a bomb.
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words in boldface type and underscored are additions. SB NO. 54
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4. Delete proposed law relative to an absent property owner or custodian.
5. Delete proposed law relative to fires or explosions classified as "accidental"
or "natural."
6. Delete proposed law relative to a fire or explosion that is part of a
permissible controlled burn or for which the offender had a permit.
7. Change imprisonment for a first offense of negligent arson from one year to
six months.
8. Change penalty language from "where there was no immediate threat to
human life" to "where it was not foreseeable that human life might be
endangered."
9. Delete penalty for negligent arson resulting in the death of a person.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.