ENROLLED
2019 Regular Session
HOUSE BILL NO. 25
BY REPRESENTATIVE MCMAHEN
1 AN ACT
2 To amend and reenact R.S. 14:34.4(B)(2), 52.2(E), and 92.2(A)(4) and R.S. 15:1212(B)(4),
3 to enact R.S. 14:2(C), and to repeal R.S. 14:34.1(B)(3), 34.7(B)(3), 34.9(B)(4),
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),
5 102.22(B)(2), 108.1(E)(2)(b), 231(D)(4), 403(A)(1)(b)(ii), 403.7(B)(4), and
6 502(B)(3), relative to the definition of "serious bodily injury"; to provide a universal
7 definition of "serious bodily injury" for purposes of Title 14 of the Louisiana
8 Revised Statutes of 1950; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 14:34.4(B)(2), 52.2(E), and 92.2(A)(4) are hereby amended and
11 reenacted and R.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 * * *
21 §34.4. Battery of a school or recreation athletic contest official
22 * * *
23 B.
24 * * *
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1 (2) Whoever commits the crime of battery of a school or recreation athletic
2 contest official which results in serious bodily injury to the victim as defined in R.S.
3 14:34.1(B)(3) shall be fined not less than one thousand dollars and not more than
4 five thousand dollars and imprisoned for not less than ten days nor more than six
5 months.
6 * * *
7 §52.2. Negligent arson
8 * * *
9 E. Whoever commits the crime of negligent arson resulting in death or
10 serious bodily injury to a human being shall be fined not more than five thousand
11 dollars and imprisoned, with or without hard labor, for not more than five years. In
12 addition, the offender shall be ordered to pay restitution for damages sustained. For
13 the purposes of this Subsection, "serious bodily injury" means bodily injury that
14 involves unconsciousness, extreme physical pain or protracted and obvious
15 disfigurement, or protracted loss or impairment of the function of a bodily member,
16 organ, or mental faculty, or a substantial risk of death.
17 * * *
18 §92.2. Improper supervision of a minor by parent or legal custodian; penalty
19 A. Improper supervision of a minor by a parent or legal custodian, who has
20 care and control of the minor, includes any of the following:
21 * * *
22 (4) Causing or permitting an unlicensed minor to drive a motor vehicle or
23 power cycle upon any public road or highway in this state, in violation of R.S.
24 32:416 and 417, when the unlicensed minor is involved in a collision which results
25 in the serious bodily injury or death of another person. For purposes of this
26 Paragraph, "serious bodily injury" means a bodily injury which involves
27 unconsciousness, protracted and obvious disfigurement, or protracted loss or
28 impairment of the function of a bodily member, organ, or mental faculty, or a
29 substantial risk of death.
30 * * *
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1 Section 2. R.S. 15:1212(B)(4) is hereby amended and reenacted to read as follows:
2 §1212. Creation of database; functions
3 * * *
4 B. The commission shall be the central depository for all information
5 submitted for entry into the database by law enforcement agencies, correctional
6 agencies, and institutions and shall have the following functions, powers, and duties:
7 * * *
8 (4) To prepare and distribute, to all such persons and agencies, forms to be
9 used in reporting data to the database. The forms shall provide for detailed
10 information regarding the name of the law enforcement officer, the designated
11 position, the status of all P.O.S.T. certifications and decertifications related to
12 training and qualifications, the hire date, the final disposition of disciplinary actions
13 that result in involuntary termination, resignations in lieu of termination, resignations
14 pending an investigation, final judgments in civil cases related to civil rights
15 violations under the provisions of 42 U.S.C. 1983 or related to serious bodily injury
16 as defined in R.S. 14:34.1(B) 14:2(C) or criminal cases related to the duties of a law
17 enforcement officer in the course and scope of his employment when the misconduct
18 of that specific law enforcement officer gave rise to the cause of action, and the date
19 of separation from service.
20 * * *
21 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),
22 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),
23 403(A)(1)(b)(ii), 403.7(B)(4), and 502(B)(3) are hereby repealed in their entirety.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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