The original instrument was prepared by Alden A. Clement, Jr. The following digest,
which does not constitute a part of the legislative instrument, was prepared by Cathy
Wells.
DIGEST
SB 54 Reengrossed 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, under either of the following
circumstances:
(1)The offender's criminal negligence causes the fire or explosion.
(2)The offender's conduct, whether or not amounting to criminal negligence, causes the fire or
explosion and the offender fails to report the fire or explosion, as soon as reasonably
possible, to the proper authorities, including any law enforcement agency, fire department,
emergency services agency within the jurisdiction in which the property is located.
Proposed law provides that if the offender knows or should have known that he has no possessory
right to the property or other interest therein, or has not previously established a right of entry into
or onto the property, it may be inferred that the setting of the fire or the causing of the explosion was
without consent of the owner or custodian of the property.
Proposed law provides that whoever commits the crime of negligent arson, where it is foreseeable
that human life might be endangered, is to be fined not more than $3,000 and imprisoned, with or
without hard labor, for not more than three years, and in addition must pay restitution.
Proposed law provides that whoever commits the crime of negligent arson resulting in death or
serious bodily injury to a human being is to be fined not more than $5,000, or imprisoned, with or
without hard labor, for not more than five years, and in addition must pay restitution.
Proposed law defines "serious bodily injury" as bodily injury that involves unconsciousness,
extreme physical pain or protracted and obvious disfigurement, or protracted loss or impairment of
the function of a bodily member, organ, or mental faculty, or a substantial risk of death.
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.
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.
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Changes the definition of negligent arson.
2. Changes second conviction penalty for negligent arson when it is not foreseeable that
human life might be endangered to not more than $2,000 and imprisoned, with or
without hard labor, for not more than two years.
3. Requires a fine of not more than $3,000 and imprisonment, with or without hard
labor, for not more than 3 years when it is foreseeable that human life might be
endangered.
4. Requires a fine of not more than $5,000 and imprisonment, with or without hard
labor, for not more than 5 years when the crime of negligent arson results in the death or serious bodily injury and requires restitution for damages sustained.
5. Defines "serious bodily injury".