HLS 20RS-614 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 450
BY REPRESENTATIVE HILFERTY
CRIME: Creates the crime of first degree burglary
1 AN ACT
2To enact R.S. 14:62.1, relative to burglary; to create the crime of first degree burglary; to
3 provide for the elements of the offense; to provide for criminal penalties; and to
4 provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 14:62.1 is hereby enacted to read as follows:
7 ยง62.1. First degree burglary
8 A. First degree burglary is the unauthorized entering of any dwelling,
9 structure, watercraft, or movable with the intent to commit a felony or any theft
10 therein under any of the following circumstances:
11 (1) The offender is armed with a dangerous weapon.
12 (2) After entering, the offender arms himself with or possesses a dangerous
13 weapon.
14 B. Whoever commits the crime of first degree burglary shall be imprisoned
15 at hard labor for not less than three nor more than twelve years. At least three years
16 of the sentence imposed shall be without benefit of parole, probation, or suspension
17 of sentence.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-614 ORIGINAL
HB NO. 450
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 450 Original 2020 Regular Session Hilferty
Abstract: Creates the crime of first degree burglary, provides for the elements of the
offense, and provides for criminal penalties.
Present law defines the crime of simple burglary as the unauthorized entering of any
dwelling, vehicle, watercraft, or other structure, movable or immovable, or any cemetery,
with the intent to commit a felony or any theft therein.
Present law defines the crime of simple burglary of an inhabited home as the unauthorized
entry of any inhabited dwelling, house, apartment, or other structure used in whole or in part
as a home or place of abode by a person or persons with the intent to commit a felony or any
theft therein.
Present law defines the crime of aggravated burglary as the unauthorized entering of any
inhabited dwelling, or of any structure, watercraft, or movable where a person is present,
with the intent to commit a felony or any theft therein, under any of the following
circumstances:
(1)The offender is armed with a dangerous weapon.
(2)After entering, the offender arms himself with a dangerous weapon.
(3)The offender commits a battery upon any person while in such place, or in entering
or leaving such place.
Proposed law retains present law and creates the crime of first degree burglary defining the
crime as the unauthorized entering of any dwelling, structure, watercraft, or movable with
the intent to commit a felony or any theft therein under any of the following circumstances:
(1)The offender is armed with a dangerous weapon.
(2)After entering, the offender arms himself with or possesses a dangerous weapon.
Proposed law provides that whoever commits the proposed law crime shall be imprisoned
at hard labor for not less than three nor more than 12 years. At least three years of the
sentence imposed shall be without benefit of parole, probation, or suspension of sentence.
(Adds R.S. 14:62.1)
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.