HLS 19RS-332 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 25
BY REPRESENTATIVE MCMAHEN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME: Provides a universal definition of "serious bodily injury" for purposes of Title 14
of the La. Revised Statutes
1 AN ACT
2To amend and reenact R.S. 14:52.2(E) and 92.2(A)(4) and R.S. 15:1212(B)(4), to enact R.S.
3 14:2(C), and to repeal R.S. 14:34.1(B)(3), 34.7(B)(3), 34.9(B)(4), 35.3(B)(6),
4 39.2(C), 43.2(B), 64.4(A)(2), 93.2.3(A)(2), 100(B)(2), 102.12(4), 102.22(B)(2),
5 108.1(E)(2)(b), 231(D)(4), 403(A)(1)(b)(ii), 403.7(B)(4), and 502(B)(3), relative to
6 the definition of "serious bodily injury"; to provide a universal definition of "serious
7 bodily injury" for purposes of Title 14 of the Louisiana Revised Statutes of 1950;
8 and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 14:52.2(E) and 92.2(A)(4) are hereby amended and reenacted and
11R.S. 14:2(C) is hereby enacted to read as follows:
12 §2. Definitions
13 * * *
14 C. For purposes of this Title, "serious bodily injury" means bodily injury
15 which involves unconsciousness; extreme physical pain; protracted and obvious
16 disfigurement; protracted loss or impairment of the function of a bodily member,
17 organ, or mental faculty; or a substantial risk of death. For purposes of R.S. 14:403,
18 "serious bodily injury" shall also include injury resulting from starvation or
19 malnutrition.
20 * * *
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HB NO. 25
1 §52.2. Negligent arson
2 * * *
3 E. Whoever commits the crime of negligent arson resulting in death or
4 serious bodily injury to a human being shall be fined not more than five thousand
5 dollars and imprisoned, with or without hard labor, for not more than five years. In
6 addition, the offender shall be ordered to pay restitution for damages sustained. For
7 the purposes of this Subsection, "serious bodily injury" means bodily injury that
8 involves unconsciousness, extreme physical pain or protracted and obvious
9 disfigurement, or protracted loss or impairment of the function of a bodily member,
10 organ, or mental faculty, or a substantial risk of death.
11 * * *
12 §92.2. Improper supervision of a minor by parent or legal custodian; penalty
13 A. Improper supervision of a minor by a parent or legal custodian, who has
14 care and control of the minor, includes any of the following:
15 * * *
16 (4) Causing or permitting an unlicensed minor to drive a motor vehicle or
17 power cycle upon any public road or highway in this state, in violation of R.S.
18 32:416 and 417, when the unlicensed minor is involved in a collision which results
19 in the serious bodily injury or death of another person. For purposes of this
20 Paragraph, "serious bodily injury" means a bodily injury which involves
21 unconsciousness, protracted and obvious disfigurement, or protracted loss or
22 impairment of the function of a bodily member, organ, or mental faculty, or a
23 substantial risk of death.
24 * * *
25 Section 2. R.S. 15:1212(B)(4) is hereby amended and reenacted to read as follows:
26 §1212. Creation of database; functions
27 * * *
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HB NO. 25
1 B. The commission shall be the central depository for all information
2 submitted for entry into the database by law enforcement agencies, correctional
3 agencies, and institutions and shall have the following functions, powers, and duties:
4 * * *
5 (4) To prepare and distribute, to all such persons and agencies, forms to be
6 used in reporting data to the database. The forms shall provide for detailed
7 information regarding the name of the law enforcement officer, the designated
8 position, the status of all P.O.S.T. certifications and decertifications related to
9 training and qualifications, the hire date, the final disposition of disciplinary actions
10 that result in involuntary termination, resignations in lieu of termination, resignations
11 pending an investigation, final judgments in civil cases related to civil rights
12 violations under the provisions of 42 U.S.C. 1983 or related to serious bodily injury
13 as defined in R.S. 14:34.1(B) 14:2(C) or criminal cases related to the duties of a law
14 enforcement officer in the course and scope of his employment when the misconduct
15 of that specific law enforcement officer gave rise to the cause of action, and the date
16 of separation from service.
17 * * *
18 Section 3. R.S. 14:34.1(B)(3), 34.7(B)(3), 34.9(B)(4), 35.3(B)(6), 39.2(C), 43.2(B),
1964.4(A)(2), 93.2.3(A)(2), 100(B)(2), 102.12(4), 102.22(B)(2), 108.1(E)(2)(b), 231(D)(4),
20403(A)(1)(b)(ii), 403.7(B)(4), and 502(B)(3) are hereby repealed in their entirety.
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)]
HB 25 Original 2019 Regular Session McMahen
Abstract: Provides a universal definition of "serious bodily injury" for purposes of Title 14
of the La. Revised Statutes of 1950.
The following present law crimes either require serious bodily injury as an element of the
offense or provide for enhanced penalties when the offense results in serious bodily injury:
second degree battery (R.S. 14:34.1), battery of a school or recreation athletic contest official
(R.S. 14:34.4), aggravated second degree battery (R.S. 14:34.7), battery of a dating partner
(R.S. 14:34.9), domestic abuse battery (R.S. 14:35.3), first degree vehicular negligent
injuring (R.S. 14:39.2), criminal hazing (R.S. 14:40.8), second degree sexual battery (R.S.
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HB NO. 25
14:43.2), human trafficking (R.S. 14:46.2), negligent arson (R.S. 14:52.2), second degree
robbery (R.S. 14:64.4), pornography involving juveniles (R.S. 14:81.1), computer-aided
solicitation of a minor (R.S. 14:81.3), improper supervision of a minor by parent or legal
custodian (R.S. 14:92.2), retaliation by a minor against a parent, legal custodian, witness,
or complainant (R.S. 14:92.3), second degree cruelty to juveniles (R.S. 14:93.2.3),
hit-and-run driving (R.S. 14:100), unlawful ownership of a vicious dog (R.S. 14:102.15),
harboring or concealing an animal which has bitten or inflicted serious bodily injury on a
human (R.S. 14:102.22), flight from an officer and aggravated flight from an officer (R.S.
14:108.1), threatening a public official (R.S. 14:122.2), false communication with the intent
to cause an emergency response (R.S. 14:126.1.1), terrorism (R.S. 14:128.1), prohibition on
counterfeit and nonfunctional air bags and air bag fraud (R.S. 14:231), riot (R.S. 14:329.1
and 329.7), inciting to riot (R.S. 14:329.2 and 329.7), failure to comply with command to
disperse (R.S. 14:329.3 and 329.7), wrongful use of public property (R.S. 14:329.4 and
329.7), prohibition on interference with educational process (R.S. 14:329.5 and 329.7), abuse
of children (R.S. 14:403), failure to report a missing child (R.S. 14:403.7), and failure to
seek assistance (R.S. 14:502).
For purposes of the present Title 14 of the La. Revised Statutes of 1950, including these
present law offenses, proposed law defines "serious bodily injury" as bodily injury which
involves unconsciousness; extreme physical pain; protracted and obvious disfigurement;
protracted loss or impairment of the function of a bodily member, organ, or mental faculty;
or a substantial risk of death. Proposed law further provides that for purposes of the crime
of abuse of children (R.S. 14:403), "serious bodily injury" shall also include injury resulting
from starvation or malnutrition.
Proposed law makes a technical correction to a present law provision in Title 15 regarding
the La. Uniform Law Enforcement Statewide Reporting Database to reflect the citation to
the definition of "serious bodily injury" as provided by proposed law.
(Amends R.S. 14:52.2(E) and 92.2(A)(4) and R.S. 15:1212(B)(4); Adds R.S. 14:2(C);
Repeals R.S. 14:34.1(B)(3), 34.7(B)(3), 34.9(B)(4), 35.3(B)(6), 39.2(C), 43.2(B),
64.4(A)(2), 93.2.3(A)(2), 100(B)(2), 102.12(4), 102.22(B)(2), 108.1(E)(2)(b), 231(D)(4),
403(A)(1)(b)(ii), 403.7(B)(4), and 502(B)(3))
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