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)