HLS 20RS-614 ENGROSSED 2020 Regular Session HOUSE BILL NO. 450 BY REPRESENTATIVE HILFERTY CRIME: Provides penalties for simple burglary committed under certain circumstances 1 AN ACT 2To amend and reenact R.S. 14:62(B), relative to burglary; to provide relative to the crime 3 of simple burglary; to provide for certain penalties when the offense is committed 4 with a firearm under certain circumstances; and to provide for related matters. 5Be it enacted by the Legislature of Louisiana: 6 Section 1. R.S. 14:62(B) is hereby amended and reenacted to read as follows: 7 ยง62. Simple burglary 8 * * * 9 B.(1) Whoever Except as provided in Paragraph (2) of this Subsection, 10 whoever commits the crime of simple burglary shall be fined not more than two 11 thousand dollars, imprisoned with or without hard labor for not more than twelve 12 years, or both. 13 (2) If the offender, while committing the crime of simple burglary, is armed 14 with a firearm or, after entering, arms himself with or possesses a firearm, the 15 offender shall be imprisoned with or without hard labor for not less than three nor 16 more than twelve years. At least one year of the sentence imposed shall be without 17 benefit of parole, probation, or suspension of sentence. Page 1 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 20RS-614 ENGROSSED 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 Engrossed 2020 Regular Session Hilferty Abstract: Amends the crime of simple burglary to provide specific penalties that apply when the crime is committed with a firearm under certain circumstances. 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 provides that whoever commits the crime of simple burglary shall be fined not more than $2,000, imprisoned with or without hard labor for not more than 12 years, or both. Proposed law retains present law and adds that if the offender, while committing the present law crime of simple burglary, is armed with a firearm or, after entering, arms himself with or possesses a firearm, the offender shall be imprisoned with or without hard labor for not less than three nor more than 12 years. Further provides that at least one year of the sentence imposed shall be without benefit of parole, probation, or suspension of sentence. (Amends R.S. 14:62(B)) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Administration of Criminal Justice to the original bill: 1. Remove proposed law provisions creating the crime of first degree burglary and providing criminal penalties for violations of the proposed law crime. 2. Amend present law crime of simple burglary to provide specific penalties that apply when the crime is committed with a firearm under certain circumstances. Page 2 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions.