The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Whitney Kauffeld.
DIGEST
SB 335 Engrossed 2022 Regular Session Jackson
Present law provides for the divestiture of juvenile court jurisdiction for certain present law offenses.
Proposed law retains present law and adds the offenses of aggravated battery, second degree battery,
battery on a correctional facility employee, simple battery, aggravated assault, and simple assault to
the list of offenses for which a juvenile may be prosecuted as an adult under certain circumstances.
Proposed law enhances penalties when a juvenile, under the jurisdiction and legal custody of the
Dept. of Public Safety and Corrections or being detained in a juvenile institution, commits any of
the following offenses upon a correctional facility employee or a juvenile under the legal custody
of the department, or is being detained in a juvenile institution:
(1)Aggravated battery.
(2)Second degree battery.
(3)Battery on a correctional facility employee.
(4)Simple battery.
(5)Aggravated assault.
(6)Simple assault.
Present law provides penalties for the crimes of aggravated escape and simple escape.
Proposed law provides enhanced penalties for a person who injures another during the commission
of aggravated escape or simple escape. Proposed law further makes present law and proposed law
applicable to persons confined in juvenile facilities.
Proposed law otherwise retains present law.
Present law provides that second degree kidnapping includes using the victim to facilitate the
commission of a simple escape or aggravated escape, including a simple escape or aggravated escape
from either an adult or juvenile correctional or detention facility.
Proposed law deletes present law.
Proposed law provides that kidnapping includes the forcible seizing of any corrections officer or any other official or employee of an adult or juvenile correctional or detention facility for any period of
time.
Proposed law deletes present law.
Present law provides relative to juvenile reception and diagnostic center and the commitment of
juveniles. Present law provides that the order of commitment may require the Dept. of Public Safety
and Corrections to take physical custody of a child adjudicated a delinquent, committed to its
custody pursuant to present law, and recommended by the court or the department for assignment
to a secure program or facility, within 14 days from the date of the court's signing of the judgment
of disposition when the child is in or is going to be placed in the physical custody of a parish juvenile
facility.
Proposed law changes the time within which the department must take physical custody from 14
days to 60 days.
Proposed law otherwise retains present law.
Effective if and when the proposed amendment of Article V, Section 12 of the Constitution of
Louisiana originating as SB No. 234 of this 2022 Regular Session of the Legislature is adopted at
the statewide election to be held on 11/8/22 and becomes effective.
(Amends R.S. 14:34(B), 34.1(C), 34.5(B)(2), 35(B), 37(B), 38(B), 110, and R.S. 15:901(C); adds
Ch.C. Art. 857(A)(9)-(14); repeals R.S. 14:44.1(A)(6) and (B)(4))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the original bill
1. Change penalties for a violation of proposed law relative to simple battery from a
fine of $1,000 or imprisonment of one to five years to a fine of $500 or imprisonment
of up to six months.
2. Enhance penalties for the crimes of simple escape and aggravated escape under
certain circumstances.
3. Provide that the crimes of simple escape and aggravated escape are applicable to
persons confined in a juvenile facility.
4. Change time within which the Dept. of Public Safety and Corrections must take
custody of a juvenile under certain circumstances from 14 days from the court's
signing of judgment of disposition to 60 days from signing of the judgment.