Provides relative to penalties for second degree battery. (8/1/14)
Impact
The primary impact of SB592 on state laws is the modification of penalties associated with second degree battery, aligning them more closely with the protections afforded to certain categories of victims, specifically servicemen and veterans. By instituting harsher repercussions for crimes against these individuals, the bill underscores the state's commitment to safeguarding those who serve in the military and acknowledges the unique risks they face. This amendment could potentially lead to a rise in convictions or longer sentences for offenders, thereby affecting the state's criminal justice system.
Summary
Senate Bill No. 592, introduced by Senator Morrell and co-authored by multiple representatives, aims to amend existing laws regarding the crime of second degree battery in Louisiana. The bill seeks to establish stricter penalties for individuals convicted of this crime, particularly when the victim is identified as an active member of the United States Armed Forces or a disabled veteran. The legislation specifies that offenders who are aware of the victim's status and commit second degree battery for that reason may face increased sentences, including a mandatory minimum period of incarceration without eligibility for parole, probation, or suspension of sentence.
Sentiment
The sentiment surrounding SB592 appears to be largely supportive, particularly from lawmakers emphasizing the need for stronger protections for veterans and active duty military personnel. The unanimous approval during the House vote reflects a bipartisan consensus on the importance of recognizing the sacrifices made by these individuals. However, while there is broad agreement on the intent of the bill, some concerns may arise regarding the implications for judicial discretion in sentencing and the effectiveness of increasing penalties as a deterrent for violence.
Contention
Notable points of contention include the potential for the bill to impact the judicial process by mandating specific sentencing structures without allowing for flexibility based on individual case circumstances. Critics might argue that such rigid sentencing could lead to disproportionate punishments, particularly in cases where the offender's intent and circumstances vary. Furthermore, discussions on the appropriateness of enhanced penalties for specific victim categories may arise, debating whether it creates an imbalance in the treatment of victims from different backgrounds within the legal system.
Provides for a juvenile in a correctional facility to serve additional time when he commits an assault or battery on an employee of the facility or another juvenile in the facility or a simple or aggravated escape. (See Act) (RE1 DECREASE GF EX See Note)