RDCSB393 4274 4165
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)]
SB 393 Engrossed 2022 Regular Session White
Present law (R.S. 14:95.1) provides relative to the crime of possession of a firearm or
carrying a 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 (R.S. 14:2(B)) 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 in violation of
proposed law (R.S. 14:95.1(D)) 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 Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Delete exception to proposed law for certain drug offenses.
2. Provide that if the predicate offense to a charge of possession of a concealed
weapon by a felon is a conviction of a crime of violence, then the possession
or carrying by a felon will be also be designated a crime of violence.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the engrossed bill:
1. Specify that the possession of a firearm or carrying of a concealed weapon by a
person convicted of certain felonies is an enumerated crime of violence.