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2024 Regular Session
SENATE BILL NO. 34
BY SENATORS HENSGENS, ABRAHAM, KLEINPETER AND MIGUEZ
THEFT. Provides relative to coordinated retail robbery offenses. (8/1/24)
1 AN ACT
2 To amend and reenact R.S. 14:64.4 and 65(A), relative to robbery; to provide relative to
3 simple and second degree robbery; to provide relative to organized robbery from a
4 retail establishment; to provide relative to penalties; and to provide for related
5 matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:64.4 and 65(A) are hereby amended and reenacted to read as
8 follows:
9 §64.4. Second degree robbery
10 A. Second degree robbery is either of the following:
11 (1) Second degree robbery is the The taking of anything of value belonging
12 to another from the person of another or that is in the immediate control of another
13 when the offender intentionally inflicts serious bodily injury.
14 (2) Repealed by Acts 2019, No. 2, §3, eff. August 1, 2019 The taking of, or
15 the recruiting of another person who takes, anything of value from a retail
16 establishment that is in the immediate control of a retail employee or employer
17 when a person acts in concert with three or more individuals for the purpose of
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 34
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1 either overwhelming the response of an employer, an employee, or law
2 enforcement to carry out the offense, avoid detection or apprehension, or create
3 a reasonable belief that a reasonable person would not intercede because of fear.
4 B.(1) Whoever commits the crime of second degree robbery shall be
5 imprisoned at hard labor for not less than three years and for not more than forty
6 years.
7 (2) Upon a second or subsequent conviction within ten years of a
8 previous conviction, the offender shall be imprisoned at hard labor for not less
9 than five years and not more than forty years.
10 (3) Any person who commits second degree robbery with a firearm shall
11 be imprisoned at hard labor for an additional period of five years without
12 benefit of parole, probation, or suspension of sentence. The additional penalty
13 imposed pursuant to this Paragraph shall be served consecutively to the
14 sentence imposed under this Subsection.
15 §65. Simple robbery
16 A. Simple robbery is either of the following:
17 (1) The the taking of anything of value belonging to another from the person
18 of another or that is in the immediate control of another, by use of force or
19 intimidation, but not armed with a dangerous weapon.
20 (2) The taking of anything of value when a person is part of a group of three
21 or more individuals and the person has the intent to take anything of value from a
22 retail establishment that is in the immediate control of a retail employee or employer
23 and there is a reasonable belief that a reasonable person would not intercede because
24 of fear.
25 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jonathon Wagner.
DIGEST
SB 34 Engrossed 2024 Regular Session Hensgens
Present law defines second degree robbery as the taking of anything of value belonging to
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 34
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another from the person of another or that is in the immediate control of another when the
offender intentionally inflicts serious bodily injury.
Present law defines simple robbery as either:
(1)The taking of anything of value belonging to another from the person of another or
that is in the immediate control of another, by use of force or intimidation, but not
armed with a dangerous weapon.
(2)The taking of anything of value when a person is part of a group of three or more
individuals and the person has the intent to take anything of value from a retail
establishment that is in the immediate control of a retail employee or employer and
there is a reasonable belief that a reasonable person would not intercede because of
fear.
Proposed law deletes the taking of anything of value from a retail establishment under
certain circumstances from the definition of simple robbery and adds it to the definition of
second degree robbery.
Present law makes second degree robbery punishable by imprisonment at hard labor for
between three and 40 years.
Proposed law applies second degree robbery penalties to persons who either take anything
of retail value under certain circumstances or who recruit others who then take anything of
retail value under certain circumstances.
Proposed law increases the minimum period of incarceration for second degree robbery from
three years to five years if the defendant has a prior conviction for second degree robbery
within the previous 10 years. Proposed law also provides for sentencing a defendant to an
additional five consecutive years without benefit of parole, probation, or suspension of
sentence if a firearm was used commit the crime.
Proposed law otherwise retains present law.
Effective August 1, 2024.
(Amends R.S. 14:64.4 and 14:65(A))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Add a provision that makes the recruiting of another to take a thing of value
second degree robbery once the crime has been completed.
2. Increase the minimum period of imprisonment for second degree robbery
repeat offenders.
3. Require an additional five years be added to a sentence if the defendant used
a firearm to commit second degree robbery.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.