Louisiana 2019 2019 Regular Session

Louisiana House Bill HB577 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 577 Reengrossed 2019 Regular Session	Norton
Abstract:  Expands application of the crime of threatening a public official to law enforcement
officers and threats made through social media, and provides that the crime is committed
when done to influence or in retaliation for the officer's or official's conduct.
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.  
Proposed law retains present law, but amends the crime to do all of the following:
(1)Expands its application to threats made to law enforcement.
(2)Expand its application to threats made through social media.
(3)Provide that the crime is committed when done with the intent to influence or in retaliation
for the officer's or official's conduct in relation to his position, employment, or official duty.
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.
Proposed law retains the present law penalties, but applies them generally to persons who commit
the offense as defined by proposed law and removes the provision providing specific penalties when
the person commits the crime of threatening a public official with the intent to influence or in
retaliation for his conduct in relation to his position, employment, or official duty.
Present law defines "public official" as any executive, ministerial, administrative, judicial, or
legislative officer of the state of La.
Proposed law retains present law and further defines "law enforcement".
(Amends R.S. 14:122.2) Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill:
1. Specify that the crime is committed when the threat is made in retaliation for the legal
performance of the legal duties of the public official or law enforcement officer.
The House Floor Amendments to the engrossed bill:
1. Amend the elements of the offense to provide that the crime is committed when done
with the intent to influence his conduct in relation to his position, employment, or official
duty, or in retaliation for his previous action in relation to his position, employment, or
official duty.
2. Remove provision of present law providing specific penalties when the person commits
the crime of threatening a public official with the intent to influence or in retaliation for
his conduct in relation to his position, employment, or official duty.