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 365 Engrossed 2022 Regular Session Seabaugh
Abstract: Designates the crime of possession of a firearm by a felon as a crime of violence.
Present law provides relative to the crime of possession of firearm or carrying concealed weapon by
a person convicted of certain felonies. Present law further provides that it is unlawful for any person
who has been convicted of a "crime of violence," as defined in present law, when that crime is a
felony, to possess a firearm or carry a concealed weapon.
Proposed law retains present law.
Present law provides that a "crime of violence" is an offense that has, as an element, the use,
attempted use, or threatened use of physical force against the person or property of another, and that,
by its very nature, involves a substantial risk that physical force against the person or property of
another may be used in the course of committing the offense, or an offense that involves the
possession or use of a dangerous weapon. Present law further designates certain present law offenses
and attempts to commit any of those offenses as "crimes of violence".
Proposed law retains present law and adds the present law crime of possession of a firearm or
carrying a concealed weapon by a person convicted of certain felonies while committing any offense
enumerated in present law (R.S. 14:2(B)) to the list of crimes of violence.
Proposed law provides that if any crime used as a predicate offense under proposed law is a crime
of violence as defined by present law (R.S. 14:2(B)) and the offender uses, possesses, or has under
his immediate control any firearm while committing another offense as defined in present law, a
conviction under proposed law shall be designated as a crime of violence.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 14:95.1(D); Adds R.S. 14:2(B)(29) and 95.1(E))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill:
1. Remove the reference to drug offenses that violate the Uniform Controlled Dangerous
Substance Law. 2. Add language that provides for the designation of a conviction in scenarios where the
predicate offense is a crime of violence.