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 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.