HLS 23RS-524 REENGROSSED
2023 Regular Session
HOUSE BILL NO. 370
BY REPRESENTATIVES LANDRY, BACALA, CARRIER, ROBBY CARTER,
EDMONSTON, FREEMAN, GOUDEAU, GREEN, HILFERTY, HORTON,
JENKINS, KNOX, AND MOORE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/PENALTIES: Provides relative to criminal blighting of property
1 AN ACT
2To amend and reenact R.S. 14:107.3(B) and (C), to enact R.S. 14:107.3(H), and to repeal
3 R.S. 14:107.3(D), relative to criminal blighting of property; to provide relative to
4 penalties for the offense; to provide relative to review and appeal of declarations of
5 certifications of blight; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:107.3(B) and (C) are hereby amended and reenacted and R.S.
814:107.3(H) is hereby enacted to read as follows:
9 ยง107.3. Criminal blighting of property
10 * * *
11 B. Criminal blighting of property is the intentional or criminally negligent
12 permitting of the existence of a condition of deterioration of property by the owner,
13 which is deemed to have occurred when the property has been declared or certified
14 as blighted after an administrative hearing, pursuant to R.S. 13:2575 or 2576, and
15 after all reviews or appeals have occurred.
16 C.(1) On the a first conviction, the offender shall be punished by a fine fined
17 not to exceed more than five hundred dollars per violation. Imposition of a fine may
18 be suspended and in lieu thereof, the court may require the offender to correct all
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HB NO. 370
1 existing housing violations on the blighted property within a timely manner
2 determined by the court.
3 (2) On a second conviction, or if the offender fails to correct violations after
4 ordered to do so by the court, the offender shall be punished by a fine not to exceed
5 five hundred fined not more than one thousand dollars per violation and ordered to
6 perform not more than forty hours of community service imprisoned for not more
7 than six months. Additionally, the court shall require that the offender correct all
8 existing housing violations on the blighted property.
9 (3) On any third or subsequent conviction, or if the offender fails to correct
10 all violations after a second conviction, the offender shall be punished by a fine not
11 to exceed fined not more than two thousand dollars per violation, and ordered to
12 perform not more than eighty hours of community service, or both. Additionally, the
13 court shall require that the offender correct all existing housing violations on the
14 blighted property imprisoned for not more than one year.
15 * * *
16 H. Prosecution pursuant to this Section may occur concurrently with review
17 and appeal of declarations and certifications of blight.
18 Section 2. R.S. 14:107.3(D) is hereby repealed in its entirety.
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 370 Reengrossed 2023 Regular Session Landry
Abstract: Provides relative to penalties for criminal blighting of property.
Present law provides for the crime of criminal blighting of property and defines such crime
as the intentional or criminally negligent permitting of the existence of a condition of
deterioration of property by the owner, which is deemed to have occurred when the property
has been declared or certified as blighted after an administrative hearing pursuant to present
law and after all reviews or appeals have occurred.
Proposed law retains the present law definition of the crime and removes the requirement
for the property to be declared or certified as blighted after all reviews or appeals have
occurred.
Present law provides for the following penalties:
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HB NO. 370
(1)On a first conviction, the offender shall be fined not more than $500. Imposition of
such fine may be suspended, and in lieu of, the court may require the offender to
correct all existing housing violations on the blighted property.
(2)On a second conviction, the offender shall be fined not more than $500 and ordered
to perform not more than 40 hours of community service. Additionally, the court
shall require the offender to correct all existing housing violations on the blighted
property.
(3)On a third or subsequent conviction, the offender shall be fined not more than $2,000
and ordered to perform not more than 80 hours of community service, or both.
Additionally, the court shall require the offender to correct all existing housing
violations on the blighted property.
Proposed law amends the present law penalties to provide for the following:
(1)On a first conviction, the offender shall be fined not more than $500 per violation.
Imposition of such fine may be suspended, and in lieu of, the court may require the
offender to correct all existing housing violations on the blighted property within a
timely manner determined by the court.
(2)On a second conviction, or if the offender fails to correct violations after ordered by
the court, the offender shall be fined not more than $1,000 per violation and
imprisoned for not more than six months. Additionally, the court shall require the
offender to correct all existing housing violations on the blighted property.
(3)On a third or subsequent conviction, or if the offender fails to correct all violations
after a second conviction, the offender shall be fined not more than $2,000 per
violation, and imprisoned for not more than one year.
Present law provides that upon a second or third conviction, the court is authorized to order
the offender to occupy the blighted property for a designated period of not more than 60
days.
Proposed law repeals present law.
Proposed law provides that prosecution may occur concurrently with review and appeal of
declarations and certifications of blight.
(Amends R.S. 14:107.3(B) and (C); Adds R.S. 14:107.3(H); Repeals R.S. 14:107.3(D))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Relative to a third or subsequent conviction for criminal blighting of property,
provide for imprisonment for not more than one year.
The House Floor Amendments to the engrossed bill:
1. Remove proposed law relative to the definition of criminal blighting of property
applying to commercial or large-scale residential buildings and restore the
present law definition of criminal blighting of property.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.