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.