2022 Regular Session ENROLLED
SENATE BILL NO. 393
BY SENATOR WHITE AND REPRESENTATIVES BACALA, GAROFALO AND
SEABAUGH
1 AN ACT
2 To amend and reenact R.S. 14:95.1(D) and to enact R.S. 14:2(B)(29) and 95.1(E), relative
3 to crimes of violence; to designate the crime of possession of firearm or carrying
4 concealed weapon by a person convicted of certain felonies as a crime of violence;
5 to provide for an effective date; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:95.1(D) is hereby amended and reenacted and R.S. 14:2(B)(29)
8 and 95.1(E) are hereby enacted to read as follows:
9 §2. Definitions
10 * * *
11 B. In this Code, "crime of violence" means an offense that has, as an
12 element, the use, attempted use, or threatened use of physical force against the
13 person or property of another, and that, by its very nature, involves a substantial risk
14 that physical force against the person or property of another may be used in the
15 course of committing the offense or an offense that involves the possession or use
16 of a dangerous weapon. The following enumerated offenses and attempts to commit
17 any of them are included as "crimes of violence":
18 * * *
19 (29) Repealed by Acts 2017, No. 281, §3, eff. August 1, 2017. Possession of
20 a firearm or carrying of a concealed weapon by a person convicted of certain
21 felonies in violation of R.S. 14:95.1(D).
22 * * *
23 §95.1. Possession of firearm or carrying concealed weapon by a person convicted
24 of certain felonies
ACT No. 702
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words in boldface type and underscored are additions. SB NO. 393 ENROLLED
1 * * *
2 D. If a violation of this Section is committed during the commission of a
3 crime of violence as defined in R.S. 14:2(B), and the defendant has a prior
4 conviction of a crime of violence, then the violation of this Section shall be
5 designated as a crime of violence.
6 E. For the purposes of this Section, "firearm" means any pistol, revolver,
7 rifle, shotgun, machine gun, submachine gun, black powder weapon, or assault rifle
8 which is designed to fire or is capable of firing fixed cartridge ammunition or from
9 which a shot or projectile is discharged by an explosive.
10 Section 2. This Act shall become effective upon signature by the governor or, if not
11 signed by the governor, upon expiration of the time for bills to become law without signature
12 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
13 vetoed by the governor and subsequently approved by the legislature, this Act shall become
14 effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.