HLS 20RS-227 ENGROSSED
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 (3), relative to battery of a police officer; to
3 provide relative to the penalties for battery of a police officer; to increase the
4 penalties for the offense; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 14:34.2(B)(1) and (3) are hereby amended and reenacted to read as
7follows:
8 ยง34.2. Battery of a police officer
9 * * *
10 B.(1)(a) Whoever commits the crime of battery of a police officer shall be
11 fined not more than five hundred dollars and imprisoned not less than fifteen days
12 nor more than six months without benefit of suspension of sentence.
13 (b) Whoever commits a second or subsequent offense of battery of a police
14 officer shall be fined not more than one thousand dollars and imprisoned with or
15 without hard labor for not less than one year nor more than three years. At least
16 fifteen days of the sentence imposed shall be served without benefit of parole,
17 probation, or suspension of sentence.
18 * * *
19 (3)(a) If the battery produces an injury that requires medical attention, the
20 offender shall be fined not more than one thousand dollars or imprisoned with or
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1 without hard labor for not less than one year nor more than five years, or both. At
2 least thirty days of the sentence imposed shall be served without benefit of parole,
3 probation, or suspension of sentence.
4 (b) If the battery produces an injury that requires medical attention, and the
5 offense is a second or subsequent violation of the provisions of this Section, the
6 offender shall be fined not more than two thousand dollars and shall be imprisoned
7 with or without hard labor for not less than two years nor more than five years. At
8 least sixty days of the sentence imposed shall be served without benefit of parole,
9 probation, or suspension of sentence.
10 * * *
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 Engrossed 2020 Regular Session Fontenot
Abstract: Increases the penalties imposed for a second or subsequent offense of battery of
a police officer and for a second or subsequent offense that 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)A fine of not more than $500 and imprisonment 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 - a fine
of not more than $1,000 and imprisonment 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 - a fine of not more
than $1,000, imprisonment 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 retains present law and adds the following penalties:
(1)For a second or subsequent offense, the offender shall be fined not more than $1,000
and be imprisoned with or without hard labor for not less than one nor more than
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HB NO. 67
three years. At least 15 days shall be served without benefit of parole, probation, or
suspension of sentence.
(2)If the battery produces an injury that requires medical attention and the offense is a
second or subsequent offense, the offender shall be fined not more than $2,000 and
shall be imprisoned with or without hard labor for not less than two years nor more
than five years. At least 60 days of the sentence imposed shall be served without
benefit of parole, probation, or suspension of sentence.
(Amends R.S. 14:34.2(B)(1) and (3))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Restore present law penalties for a first offense and for an offense that produces
an injury that requires medical attention.
2. Add penalties for a second or subsequent offense and for an offense that
produces an injury that requires medical attention and that is a second or
subsequent offense of battery of a police officer.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.