HLS 20RS-227 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 67
BY REPRESENTATIVE FONTENOT
CRIME/BATTERY: Provides relative to the crime of battery of a police officer
1 AN ACT
2To amend and reenact R.S. 14:34.2(B)(1) and to repeal R.S. 14:34.2(B)(3), relative to
3 battery of a police officer; to provide relative to the penalties for battery of a police
4 officer; to increase the penalties for the offense; to repeal the penalties that apply
5 when the battery produces an injury that requires medical attention; and to provide
6 for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 14:34.2(B)(1) is hereby amended and reenacted to read as follows:
9 ยง34.2. Battery of a police officer
10 * * *
11 B.(1) Whoever commits the crime of battery of a police officer shall be fined
12 not more than five hundred thousand dollars and imprisoned with or without hard
13 labor for not less than fifteen days one year nor more than six months five years. At
14 least fifteen days of the sentence imposed shall be served without benefit of parole,
15 probation, or suspension of sentence.
16 * * *
17 Section 2. R.S. 14:34.2(B)(3) is hereby repealed in its entirety.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-227 ORIGINAL
HB NO. 67
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 67 Original 2020 Regular Session Fontenot
Abstract: Increases the penalties imposed for the crime of battery of a police officer and
removes the penalties that apply when the battery produces an injury requiring
medical attention.
Present law defines battery of a police officer 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 for the following penalties for those who commit the offense:
(1) Whoever commits the offense shall be fined not more than $500 and imprisoned for
not less than 15 days nor more than six months without benefit of suspension of
sentence.
(2)If the offender is incarcerated at the time of the commission of the offense, the
offender shall be fined not more than $1,000 and imprisoned with or without hard
labor without benefit of parole, probation, or suspension of sentence for not less than
one year nor more than five years. Present law further provides that such sentence
shall be consecutive to any other sentence imposed for violation of the provisions of
any state criminal law.
(3)If the battery produces an injury that requires medical attention, the offender shall
be fined not more than $1,000 or imprisoned with or without hard labor for not less
than one year nor more than five years, or both. At least 30 days of the sentence
imposed shall be served without benefit of parole, probation, or suspension of
sentence.
Proposed law amends the present law penalties as follows:
(1)Provides that any person who commits the offense shall be fined not more than
$5,000 and imprisoned with or without hard labor for not less than one year nor more
than five years. Proposed law further provides that at least 15 days of the sentence
imposed shall be served without benefit of parole, probation, or suspension of
sentence.
(2)Retains the present law penalties which apply to offenses committed by an offender
who is incarcerated at the time of the commission of the offense.
(3)Repeals the present law penalties that apply when the battery produces an injury that
requires medical attention.
(Amends R.S. 14:34.2(B)(1); Repeals R.S. 14:34.2(B)(3))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.