Louisiana 2020 2020 Regular Session

Louisiana House Bill HB150 Introduced / Bill

                    HLS 20RS-483	ORIGINAL
2020 Regular Session
HOUSE BILL NO. 150
BY REPRESENTATIVE BACALA
CRIME/BATTERY:  Amends the crime of battery of a police officer to include the throwing
of water, other liquids, or human waste
1	AN ACT
2To amend and reenact R.S. 14:34.2(A)(3), relative to battery of a police officer; to provide
3 relative to the elements of the crime of battery of a police officer; to specify that the
4 crime includes the throwing of water and other liquids; to remove the requirement
5 that the offender be incarcerated or detained at the time of the throwing; and to
6 provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1.  R.S. 14:34.2(A)(3) is hereby amended and reenacted to read as follows:
9 ยง34.2.  Battery of a police officer
10	A.
11	*          *          *
12	(3)  For purposes of this Section, "battery of a police officer" includes the use
13 of force or violence upon the person of the police officer by throwing water or any
14 other liquid, feces, urine, blood, saliva, or any form of human waste by an offender
15 while the offender is incarcerated by a court of law and is being detained in any jail,
16 prison, correctional facility, juvenile institution, temporary holding center, halfway
17 house, or detention facility.
18	*          *          *
Page 1 of 2
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-483	ORIGINAL
HB NO. 150
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 150 Original 2020 Regular Session	Bacala
Abstract:  Expands the crime of battery of a police officer to include the throwing of water
or other liquids and removes the requirement that the offender be incarcerated or
detained at the time of the throwing for the offense to apply.
Present law provides for the crime of battery of a police officer and defines the offense as
a battery committed without the consent of the victim when the offender has reasonable
grounds to believe the victim is a police officer acting in the performance of his duty.
Present law provides that, for purposes of present law, "battery of a police officer" includes
the use of force or violence upon the person of the police officer by throwing feces, urine,
blood, saliva, or any form of human waste by an offender while the offender is incarcerated
by a court of law and is being detained in any jail, prison, correctional facility, juvenile
institution, temporary holding center, halfway house, or detention facility.
Proposed law expands the definition of "battery of a police officer" to include the throwing
of water or other liquids and removes the requirement that the offender be incarcerated or
detained at the time of the throwing for the offense to apply.
Proposed law otherwise retains present law including the penalties which include a fine of
not more than $500 and imprisoned not less than 15 days nor more than six months without
benefit of suspension of sentence; and if the battery produces an injury that requires medical
attention, a fine of not more than $1,000 or imprisoned with or without hard labor for not
less than one year nor more than five years (with a 30-day minimum mandatory), or both.
(Amends R.S. 14:34.2(A)(3))
Page 2 of 2
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.