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))