Louisiana 2023 2023 Regular Session

Louisiana House Bill HB370 Comm Sub / Analysis

                    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 Original	2023 Regular Session	Landry
Abstract:  Relative to criminal blighting of property, amends the definition of the crime and
provides relative to penalties.
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 amends the definition of the crime to provide relative to commercial or large-scale
residential buildings.  Further 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:
(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 with or without hard labor for not more than five years.
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))