Louisiana 2019 2019 Regular Session

Louisiana House Bill HB577 Introduced / Bill

                    HLS 19RS-909	ORIGINAL
2019 Regular Session
HOUSE BILL NO. 577
BY REPRESENTATIVE NORTON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME:  Amends the crime of threatening a public official to apply to law enforcement
officers and threats made through social media
1	AN ACT
2To amend and reenact R.S. 14:122.2, relative to threatening a public official or law
3 enforcement officer; to provide relative to the crime of threatening a public official;
4 to add law enforcement officers as a victim of the crime; to define "law enforcement
5 officer"; to define "verbal or written communication" for purposes of the crime; to
6 provide that the crime applies to threats made through social media; and to provide
7 for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1.  R.S. 14:122.2 is hereby amended and reenacted to read as follows: 
10 ยง122.2.  Threatening a public official or law enforcement officer; penalties;
11	definitions 
12	A.(1)  Threatening a public official or law enforcement officer is the
13 engaging in any verbal or written communication which threatens serious bodily
14 injury or death to a public official or law enforcement officer.  
15	(2)B.(1)   Except as provided in Subsection B Paragraph (1) of this
16 Subsection, whoever commits the crime of threatening a public official or law
17 enforcement officer shall be fined not more than five hundred dollars, or imprisoned
18 for not more than six months, or both.  
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-909	ORIGINAL
HB NO. 577
1	B.(2)  Whoever commits the crime of threatening a public official or law
2 enforcement with the intent to influence his conduct in relation to his position,
3 employment, or official duty, or in retaliation as reprisal for his previous action in
4 relation to his position, employment, or official duty, shall be fined not more than
5 five hundred dollars, or imprisoned for not more than six months, or both.
6	C.  For the purpose purposes of this Section, "public:
7	(1)  "Public official" is defined as any executive, ministerial, administrative,
8 judicial, or legislative officer of the state of Louisiana.
9	(2)  "Law enforcement officer" means any employee of the state, a
10 municipality, a sheriff, or other public agency, whose permanent duties actually
11 include the making of arrests, the performing of searches and seizures, or the
12 execution of criminal warrants, and is responsible for the prevention or detection of
13 crime or for the enforcement of the penal, traffic, or highway laws of this state.
14	(3)  "Verbal or written communication" means any textual, visual, written,
15 or oral communication, including communications made through social media.
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 577 Original 2019 Regular Session	Norton
Abstract:  Adds law enforcement officers as a possible victim of the crime of threatening
a public official and provides that the crime includes threats made through social
media.
Present law defines the crime of threatening a public official as any verbal or written
communication which threatens serious bodily injury or death to a public official.  
Present law provides that whoever commits the crime of threatening a public official shall
be fined not more than $500, or imprisoned for not more than six months, or both.  
Present law further provides that these penalties shall apply when the person commits the
crime of threatening a public official with the intent to influence his conduct in relation to
his position, employment, or official duty, or in retaliation as reprisal for his previous action
in relation to his position, employment, or official duty.
Present law defines "public official" is defined as any executive, ministerial, administrative,
judicial, or legislative officer of the state of La.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-909	ORIGINAL
HB NO. 577
Proposed law retains present law and amends the crime to apply to threats made to law
enforcement and further provides that the crime of threatening a public official includes
threats made through social media.
(Amends R.S. 14:122.2)
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.