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 251 Engrossed 2021 Regular Session Jones
Abstract: Provides relative to the running of time limitations when the victim is a person with
infirmities and provides for definitions.
Present law (C.Cr.P. Art. 572) provides that no person shall be prosecuted, tried, or punished for an
offense not punishable by death or life imprisonment, unless the prosecution is instituted within the
following periods of time after the offense has been committed:
(1)Six years, for a felony necessarily punishable by imprisonment at hard labor.
(2)Four years, for a felony not necessarily punishable by imprisonment at hard labor.
(3)Two years, for a misdemeanor punishable by a fine, or imprisonment, or both.
(4)Six months, for a misdemeanor punishable only by a fine or forfeiture.
Present law (C.Cr.P. Art. 573.1) provides for an exception to these present law time limitations for
the crime of exploitation of persons with infirmities, which shall not commence to run until the
crime is discovered by a competent victim, or in the case of an incompetent victim, by a competent
third person.
Proposed law provides that the time limitations established by present law (C.Cr.P. Art. 572) shall
not commence to run as to any crime wherein the victim is a person with infirmities until the crime
is discovered by a competent victim, or in the case of an incompetent victim, by a law enforcement
officer. Further provides that the exception to the present law time limitations shall include the
following present law crimes: simple battery of persons with infirmities, cruelty to persons with
infirmities, exploitation of persons with infirmities, sexual battery of persons with infirmities, and
abuse of persons with infirmities through electronic means.
Proposed law provides for definitions for the terms of "persons with infirmities" and "law
enforcement officer".
(Amends C.Cr.P. Art. 573.1)