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))