2023 Regular Session ENROLLED
SENATE BILL NO. 49
BY SENATORS HEWITT, ABRAHAM, BERNARD, CLOUD, CONNICK, CORTEZ,
FESI, HENRY, HENSGENS, KLEINPETER, MILLIGAN, MIZELL,
MORRIS, PEACOCK, SMITH, STINE, WHITE AND WOMACK AND
REPRESENTATIVES EDMONDS, EDMONSTON, GAROFALO,
GOUDEAU, HORTON, LAFLEUR AND VILLIO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1 AN ACT
2 To amend and reenact R.S. 40:983(C) and (D), relative to penalties for the creation or
3 operation of a clandestine laboratory; to provide relative to the creation or operation
4 of a clandestine laboratory which manufactures fentanyl; to provide relative to the
5 creation or operation of a clandestine laboratory which manufactures carfentanil; to
6 provide for penalties; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 40:983(C) and (D) are hereby amended and reenacted to read as
9 follows:
10 ยง983. Creation or operation of a clandestine laboratory for the unlawful manufacture
11 of a controlled dangerous substance; definition; penalties
12 * * *
13 C. (1) Except as provided in Paragraph (2) of this Subsection, whoever
14 Whoever commits the crime of creation or operation of a clandestine laboratory for
15 the unlawful manufacture of a controlled dangerous substance shall be sentenced to
16 imprisonment at hard labor for not less than five years nor more than fifteen years;
17 and may, in addition, be sentenced to pay a fine of not more than twenty-five
18 thousand dollars.
19 (2) Whoever commits the crime of creation or operation of a clandestine
20 laboratory for the unlawful manufacture of fentanyl or a mixture or substance
21 containing a detectable amount of fentanyl or its analogues, or carfentanil or a
22 mixture or substance containing a detectable amount of carfentanil or its
23 analogues, shall be sentenced as follows:
ACT No. 148
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. ENROLLED
1 (a) On a first conviction, imprisonment at hard labor for not less than
2 ten years nor more than forty years, at least ten years of which shall be served
3 without benefit of parole, probation, or suspension of sentence and may, in
4 addition, be required to pay a fine of not more than fifty thousand dollars.
5 (b) On a second conviction, imprisonment at hard labor for not less than
6 thirty years nor more than forty years, at least ten years of which shall be
7 served without benefit of parole, probation, or suspension of sentence and may,
8 in addition, be required to pay a fine of not more than five hundred thousand
9 dollars.
10 (c) On a third or subsequent conviction, imprisonment at hard labor for
11 not less than ninety-nine years, which shall be served without benefit of parole,
12 probation, or suspension of sentence and may, in addition, be required to pay
13 a fine of not more than five hundred thousand dollars.
14 D. In addition to the penalties penalty provided in Subsection C of this
15 Section, a person convicted under the provisions of this Section may be ordered to
16 make restitution for the actual governmental cost incurred in the cleanup of any
17 hazardous waste resulting from the operation of a laboratory for the unlawful
18 manufacture of a controlled dangerous substance. The court may order that such
19 amount be paid directly to the governmental agency or agencies that actually
20 incurred the cleanup expense.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.