The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Whitney Kauffeld.
DIGEST
SB 49Original 2023 Regular Session Hewitt
Present law provides that whoever commits the crime of creation or operation of a clandestine
laboratory for the unlawful manufacture of a controlled dangerous substance is to be sentenced to
imprisonment at hard labor for five to 15 years and in addition may be fined up to $25,000.
Proposed law provides increased penalties for the creation or operation of a clandestine laboratory
for the unlawful manufacture of a substance containing fentanyl or carfentanil.
Proposed law provides that on a first conviction, the defendant will be imprisoned for not less than
10 nor more than 40 years, at least 10 years to be served without benefit of parole, probation, or
suspension of sentence, and in addition may be fined not more than $50,000.
Proposed law provides that on a second conviction, the defendant will be imprisoned for not less
than 30 nor more than 40 years, at least 10 years to be served without benefit of parole, probation,
or suspension of sentence, and in addition maybe fined of not more than $500,000.
Proposed law provides that on a third or subsequent conviction, the defendant will be imprisoned
for not less than 99 years, to be served without benefit of parole, probation, or suspension of
sentence, and in addition may be fined of not more than $500,000.
Present law provides that persons convicted under present law may be ordered to make restitution
for the actual government cost incurred in the cleanup of any hazardous waste resulting from the
operation of a laboratory for the unlawful manufacture of a controlled dangerous substances. Present
law further provides that the court may order that this amount be paid directly to the governmental
agency that actually incurred the cleanup expense.
Proposed law retains present law.
Effective August 1, 2023.
(Amends R.S. 40:983(C) and (D))