HLS 23RS-596 REENGROSSED
2023 Regular Session
HOUSE BILL NO. 207
BY REPRESENTATIVES SCHAMERHORN, BACALA, CARRIER, EDMONSTON,
GAINES, GAROFALO, HODGES, HORTON, MIKE JOHNSON, CHARLES
OWEN, 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 without wearing a Type I, Type II, Type III, or Type V personal
11 flotation device approved by the United States Coast Guard in any river that flows
12 through a water-controlled structure in Louisiana that creates a reservoir used to
13 generate hydroelectric power.
14 B.(1) On a first conviction, the parent or legal guardian shall be issued a
15 warning ticket, fined not more than twenty-five dollars, or both.
16 (2) On a second conviction, the parent or legal guardian shall be fined not
17 more than fifty dollars, imprisoned for not more than seven days, or both.
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-596 REENGROSSED
HB NO. 207
1 (3) On a third or subsequent conviction, the parent or legal guardian shall be
2 fined not more than seventy-five dollars nor more than two hundred fifty dollars,
3 imprisoned for not more than thirty days, or both.
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 Reengrossed 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, willfully, or through criminal
negligence to swim without wearing a Type I, Type II, Type III, or Type V personal flotation
device approved by the U.S. Coast Guard in any river that flows through a water-controlled
structure in La. that creates a reservoir used to generate hydroelectric power.
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.
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-596 REENGROSSED
HB NO. 207
(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.
The House Floor Amendments to the engrossed bill:
1. Clarify the type of water body in which it is unlawful for a minor to swim
without a flotation device approved by the U.S. Coast Guard.
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.