Provides relative to the penalties for obstruction of justice. (8/1/20) (OR SEE FISC NOTE GF EX)
The proposed changes would modify the current legal framework by delineating the penalties for different categories of obstruction of justice. Under the existing law, all forms of obstruction were classified as felonies, which resulted in harsh penalties including imprisonment ranging from five years to life. SB 31 introduces a new provision that imposes penalties for misdemeanor-level obstruction related to tampering with evidence, making it punishable by a fine of up to five hundred dollars and/or imprisonment for up to six months. This change is expected to lower the severity of legal consequences for minor offenses and rectify the legal approach to less egregious behavior in this area.
Senate Bill 31, introduced by Senator Connick, aims to amend the existing laws surrounding obstruction of justice in Louisiana. The bill seeks to create a misdemeanor variant for the crime of obstruction of justice specifically in cases of evidence tampering under certain circumstances. By establishing clear penalties for misdemeanor obstruction, the bill distinguishes between serious offenses and lesser actions that do not involve direct harm to individuals, thereby potentially alleviating the burden of severe penalties for minor infractions related to evidence tampering.
The sentiment surrounding SB 31 appears to be mixed, reflecting a broader debate in the legal community about the appropriateness of penalizing lesser offenses with felony charges. Proponents of the bill argue that it provides a necessary distinction within the law that ensures individuals are not overly punished for relatively minor offenses, thereby promoting a more equitable justice system. Conversely, some critics may contend that this could lead to leniency for those who engage in obstructive behavior, suggesting that any form of obstruction undermines the justice system and should be treated more severely.
Notable contention points arising from the discussion of SB 31 likely revolve around the potential implications of creating a separate misdemeanor category for obstruction of justice violations. While supporters advocate for a rational classification of crimes, detractors may express concern that decreasing penalties could embolden individuals to engage in obstructionist behaviors without fear of substantial repercussions. The bill is indicative of a larger conversation about balancing justice with prevention, as lawmakers grapple with the complexities of defining acceptable conduct within diverse legal contexts.