HLS 23RS-596 ENGROSSED
2023 Regular Session
HOUSE BILL NO. 207
BY REPRESENTATIVES SCHAMERHORN, BACALA, EDMONSTON, GAROFALO,
HORTON, KNOX, LAFLEUR, MARCELLE, AND SEABAUGH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME/MISDEMEANOR: Establishes penalties associated with minors swimming in
certain waterways without personal flotation devices
1 AN ACT
2To enact R.S. 14:93.2.4, relative to criminal liability for certain acts of minors; to create the
3 crime of unlawful swimming in certain waterways; to provide for penalties; and to
4 provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 14:93.2.4 is hereby enacted to read as follows:
7 ยง93.2.4. Unlawful swimming in certain waterways
8 A. It shall be unlawful for any parent or legal guardian who has care and
9 control of a minor, to permit a minor, either knowingly, wilfully, or through criminal
10 negligence to swim in any river that generates hydroelectric power without wearing
11 a Type I, Type II, Type III, or Type V personal flotation device approved by the
12 United States Coast Guard.
13 B.(1) On a first conviction, the parent or legal guardian shall be issued a
14 warning ticket, fined not more than twenty-five dollars, or both.
15 (2) On a second conviction, the parent or legal guardian shall be fined not
16 more than fifty dollars, imprisoned for not more than seven days, or both.
17 (3) On a third or subsequent conviction, the parent or legal guardian shall be
18 fined not more than seventy-five dollars nor more than two hundred fifty dollars,
19 imprisoned for not more than thirty days, or both.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-596 ENGROSSED
HB NO. 207
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 207 Engrossed 2023 Regular Session Schamerhorn
Abstract: Creates the crime of unlawful swimming in certain waterways and provides for
penalties.
Proposed law provides that it shall be unlawful for any parent or legal guardian who has care
and control of a minor, to permit a minor, either knowingly, wilfully, or through criminal
negligence to swim in any river that generates hydroelectric power without wearing a Type
I, Type II, Type III, or Type V personal flotation device approved by the U.S. Coast Guard.
Proposed law provides for the following penalties:
(1)On a first conviction, the parent or legal guardian shall be issued a warning ticket,
fined not more than $25, or both.
(2)On a second conviction, the parent or legal guardian shall be fined not more than
$50, imprisoned for not more than seven days, or both.
(3)On a third or subsequent conviction, the parent or legal guardian shall be fined not
more than $75 nor more than $250, imprisoned for not more than 30 days, or both.
(Adds R.S. 14:93.2.4)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Make technical changes.
2. Change criminal responsibility from the minor to the parent or legal guardian.
3. Change the elements to provide that a parent or legal guardian has to have care
and control of the minor and permits the minor, either knowingly, willfully, or
through criminal negligence to swim in any river that generates hydroelectric
power without wearing an approved personal flotation device approved by the
U.S. Coast Guard.
4. Change the penalties as follows:
(a)On a first conviction, the parent or legal guardian shall be issued a
warning ticket, fined not more than $25, or both.
(b)On a second conviction, the parent or legal guardian shall be fined not
more than $50, imprisoned for not more than seven days, or both.
(c)On a third or subsequent conviction, the parent or legal guardian shall be
fined not more than $75 nor more than $250, imprisoned for not more
than 30 days, or both.
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.