Louisiana 2021 2021 Regular Session

Louisiana House Bill HB54 Comm Sub / Analysis

                    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 54 Engrossed	2021 Regular Session	Edmonds
Abstract:  Creates the crime of adoption deception and provides elements and criminal penalties for
the offense.
Proposed law creates the crime of adoption deception and defines the crime as being committed by
any person who is a birth mother, or who holds herself out to be a birth mother, who is interested in
making an adoption plan and who knowingly or intentionally benefits from payment of adoption-
related expenses in connection with that adoption plan if any of the following occur:
(1)The person knows or should have known that she is not pregnant at the time the payments
were requested or received.
(2)The person accepts living expenses assistance from a prospective adoptive parent or adoption
entity without disclosing that she is receiving living expenses assistance from another
prospective adoptive parent or adoption entity at the same time in an effort to adopt the same
child.
Proposed law provides for the following penalties:
(1)If the amount received by the person is $1,000 or less, the person shall either be fined up to
$500, imprisoned without hard labor for up to 60 days, or both.
(2)If the amount received by the person exceeds $1,000, the person shall either be fined up to
$5,000, imprisoned with or without hard labor for not more than five years, or both.
(Adds R.S. 14:67.5)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill:
1. Change the felony threshold amount from $300 to $1,000.
2. Remove proposed law provision regarding restitution.
3. Remove as an element of the proposed law crime, that the person knowingly make false representations to induce payment of living expenses and not intending to make adoptive
placement.