Louisiana 2020 2020 Regular Session

Louisiana House Bill HB450 Engrossed / Bill

                    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.