The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 138 Original 2019 Regular Session Gatti
The following present law offenses defined in Title 14 of the La. Revised Statutes of 1950 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; battery of a school or recreation
athletic contest official; aggravated second degree battery; battery of a dating partner; domestic abuse
battery; first degree vehicular negligent injury; criminal hazing; second degree sexual battery; human
trafficking; negligent arson; second degree robbery; pornography involving juveniles;
computer-aided solicitation of a minor; improper supervision of a minor by parent or legal custodian;
retaliation by a minor against a parent; legal custodian, witness, or complainant; second degree
cruelty to juveniles; hit-and-run driving; unlawful ownership of a vicious dog; harboring or
concealing an animal which has bitten or inflicted serious bodily injury on a human; flight from an
officer and aggravated flight from an officer; threatening a public official; false communication with
the intent to cause an emergency response; terrorism; prohibition on counterfeit and nonfunctional
air bags and air bag fraud; riot; inciting to riot; failure to comply with command to disperse;
wrongful use of public property; prohibition on interference with educational process; abuse of
children; failure to report a missing child; and failure to seek assistance. Present law does not provide
a universal definition of "serious bodily injury" for purposes of these present law offenses, but
instead defines "serious bodily injury" in the context of each present law offense.
Proposed law defines "serious bodily injury" for the purposes of these present law offenses as bodily
injury that 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 present law offense
of abuse of children, "serious bodily injury" includes injury resulting from starvation or malnutrition.
Proposed law otherwise retains present law.
Present law creates within the La. Commission on Law Enforcement and the Administration of
Criminal Justice a Uniform Law Enforcement Statewide Reporting Database. Present law further
provides that the commission's powers and duties include the preparation and distribution of forms
to be used in reporting data to the database, which forms are to provide, among other things, for
detailed information regarding final judgments in civil cases related to "serious bodily injury" as
defined in present law relative to second degree battery.
Proposed law changes the applicable definition of "serious bodily injury" for purposes of present law
from the definition contained in present law relative to second degree battery to the definition
contained in proposed law defining "serious bodily injury" for purposes of Title 14 of the La.
Revised Statutes of 1950. Proposed law otherwise retains present law.
The following present law offenses defined in Title 32 of the Louisiana Revised Statutes of 1950
either require serious bodily injury as an element of the offense, or provide for enhanced penalties
when the offense results in serious bodily injury: drag racing and racing on public roads and certain
property; overtaking and passing school buses; stop sign and yield sign violations; allowing
unlicensed persons under the age of 17 to drive; and refusal to submit to chemical test. Present law
does not provide a universal definition of "serious bodily injury" for purposes of these present law
offenses, but instead defines "serious bodily injury" in the context of each present law offense.
Proposed law defines "serious bodily injury" for the purposes of these present law offenses as bodily
injury that 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 otherwise retains present law.
Present law requires the operator of any motor vehicle or watercraft involved in a collision, crash,
or other casualty in which a fatality occurs to be administered a chemical test of his blood, urine, or
other bodily substance for the purposes of determining the presence of any abused or controlled
dangerous substance.
Proposed law extends this present law requirement to the operator of any motor vehicle or watercraft
involved in a collision, crash, or other casualty in which a serious bodily injury occurs.
Present law requires that the test or tests to be administered to the operator of any motor vehicle or
watercraft involved in a collision, crash, or other casualty in which a fatality occurs be administered
at the direction of a law enforcement officer having reasonable grounds to believe the person driving
or in actual physical control of a motor vehicle or watercraft involved in a collision, crash, or other
casualty in which a fatality occurs.
Proposed law extends this present law requirement to the person driving or in actual physical control
of a motor vehicle or watercraft involved in a collision, crash, or other casualty in which a serious
bodily injury occurs to determine the presence of any abused substance or controlled dangerous
substance.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 14:34.4(B)(2), 52.2(E) and 92.2(A)(4), R.S. 15:1212(B)(4), and R.S.
32:402(B)(1)(c)(ii), 417(E)(2), 666(A)(1)(a)(i) and 681(A) and (B); adds R.S. 14:2(C) and R.S.
32:1.1; 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) and R.S. 32:65(D)(2)(b), 80(A)(4)(c), and 123(E)(2))