RDCSB54 2697 3607
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
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 it, 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, shall 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 shall 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 governor or lapse of time for gubernatorial action.
(Adds R.S. 14:52.2 and R.S. 15:562.1(3)(j))
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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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".
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the reengrossed bill:
1. Make technical corrections.
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