GREEN SHEET REDIGEST
HB 370 2023 Regular Session Landry
CRIMINAL/PENALTIES: Provides relative to criminal blighting of property
DIGEST
Present law provides for the crime of criminal blighting of property, defined 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 but 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 will be fined not more than $500. Imposition of
the fine may be suspended, and in lieu thereof, the court may require the offender to
correct all existing housing violations on the blighted property.
(2)On a second conviction, the offender will be fined not more than $500 and ordered
to perform not more than 40 hours of community service. Additionally, the court
will require the offender to correct all existing housing violations on the blighted
property.
(3)On a third or subsequent conviction, the offender will be fined not more than $2,000
and ordered to perform not more than 80 hours of community service, or both.
Additionally, the court will 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 will be fined not more than $500 per violation.
Imposition of such fine may be suspended, and in lieu thereof, 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 will be fined not more than $1,000 per violation and
imprisoned for not more than six months. Additionally, the court will 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 will 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 the penalty for imprisonment will not be imposed when the
defendant occupies the single-family residence at the time of the violation.
Proposed law provides that prosecution may occur concurrently with review and appeal of
declarations and certifications of blight.
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Prepared by Whitney Kauffeld. Proposed law adds criminal blighting of property to the list of crimes which may be
racketeering activity under present law.
(Amends R.S. 14:107.3(B) and (C); Adds R.S. 14:107.3(H) and R.S. 15:1352(A)(70);
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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
reengrossed bill
1. Add crime of criminal blighting of property to list of racketeering crimes in
present law.
2. Limit imposition of penalty of imprisonment under certain circumstances.
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Prepared by Whitney Kauffeld.