Louisiana 2019 2019 Regular Session

Louisiana House Bill HB307 Comm Sub / Analysis

                    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 307 Engrossed	2019 Regular Session	Mike Johnson
Abstract:  Amends the crimes of public intimidation and retaliation to include extortionate threats
and true threats, and provides for definitions of those terms.
Present law provides for the crime of public intimidation which is the use of violence, force, or
threats upon certain public persons with the intent to influence his conduct in relation to his position,
employment, or duty.
Present law further provides for the crime of public retaliation which is defined as the use of
violence, force, or threats upon an elected official when such violence, force, or threat is related to
the duties of the elected official or is in retaliation or retribution for actions taken by the elected
official as part of his official duties.
Present law provides for penalties of a fine of not more than $1,000, or imprisonment, with or
without hard labor, for not more than five years, or both.
Proposed law amends the present law crimes to include extortionate threats and true threats.
Proposed law provides that "extortionate threats" occur when a person communicates an unlawful
threat to harm another person with the intention to obtain anything of value or any acquittance,
advantage, or immunity of any description and the person would not otherwise be able to lawfully
secure such advantage willingly from the victim.
Proposed law provides that "true threats" occur when a person communicates a serious expression
of an intent to commit an unlawful act of violence upon a person or group of persons with the intent
to place such persons in fear of bodily harm or death.  The person need not actually intend to carry
out the threat.
Proposed law retains present law penalties.
(Amends R.S. 14:122(A)(intro. para.), (B)(intro. para.), and (C); Adds R.S. 14:122(D))