HOUSE floor amendments technical

Proposes amendments to the state's probation revocation procedures. The bill seeks to modify Articles 900 and 901 of the Louisiana Code of Criminal Procedure, focusing on the following key areas:

1.    Probation Revocation Authority:

The bill clarifies that upon revocation of probation, the court has the discretion to determine whether the defendant will receive credit for time previously served on probation.

2.    Definition of Technical Violations:

The proposed legislation revises the classification of certain offenses. Specifically, it allows the court discretion to deem violations of Title 40 of the Louisiana Revised Statutes of 1950 (which pertains to controlled substances) as technical violations, except for misdemeanor possession of marijuana, tetrahydrocannabinol (THC), or related chemical derivatives, as well as offenses involving drug paraphernalia. These exceptions are explicitly considered technical violations under the bill.

3.    Probation Revocation for New Offenses:

The bill amends the grounds for probation revocation when a defendant commits a new offense. It specifies that a defendant on probation for a felony who is subsequently convicted of a felony or certain misdemeanors may have their probation revoked either from the date of the commission of the new offense or upon final conviction.

4.    Drug or Specialty Court Program Participants:

An additional provision addresses defendants ordered to complete a drug or specialty court program as a condition of their probation. If such a defendant commits a new felony or is convicted of one and fails to successfully complete the court-ordered program, their probation shall be revoked from the date of the commission or final conviction of the new felony.

Overall, HB 214 aims to provide courts with greater discretion in handling probation violations, particularly concerning drug-related offenses, and emphasizes stricter consequences for probationers who commit new offenses or fail to complete mandated rehabilitation programs.

HOUSE floor amendments include a technical set and amendments [LINK} clarifying records of juvenile criminal conduct cannot be included in background checks shared outside the criminal justice system. It requires the state bureau to adopt rules ensuring privacy, proper use, and lawful purging of these records. It also reinforces that juvenile criminal history must be handled according to specific provisions in the Children's Code.

Modifies current law to allow juvenile records to be included in criminal history record information and supports the development of interoperable criminal justice information systems.

Key Changes: 

1. Adds Children’s Code Article 412(P) stating that confidentiality rules for juvenile records do not restrict the creation of integrated criminal justice information systems at the state and local levels. 

2. Amends R.S. 15:576(2) to remove language that excluded juvenile records from the definition of “criminal history record” or “criminal history record information.”

Implications: 

- Juvenile records may now be part of an individual's official criminal history. 

- Facilitates broader data sharing across agencies for identification, investigation, prosecution, adjudication, and sentencing. 

Amends Louisiana law regarding the unlawful presence of certain sex offenders. The bill expands existing laws to include new restrictions on loitering near locations commonly used for school-related drop-offs and pickups.

Key provisions include:

• Prohibiting sexually violent predators and sex offenders (convicted of offenses involving victims under 13) from loitering within 1,000 feet of school pickup or drop-off locations between 6:00-9:00 AM and 2:00-5:00 PM when children are present.
• Defining “loitering” as lingering without lawful reason and “reasonable grounds” for belief in the presence of children based on their attire, school supplies, or time of day.

The bill reinforces existing laws by further restricting the movements of convicted sex offenders to enhance child safety.

HOUSE floor amendment 2423 technical

HOUSE floor amendment set 2178 [LINK] adds two new types of manslaughter. A person can be charged if they illegally sell or give drugs that lead to someone's death, either directly or through another person who passes on the drugs. Applies to any controlled substance in Schedules I through V.

HOUSE committee amendments technical

Proposes amendments to Louisiana's second degree murder statute (R.S. 14:30.1). The bill seeks to expand the definition of second degree murder by incorporating additional circumstances under which a homicide would qualify as such, even in the absence of intent to kill or inflict great bodily harm.

Key Provisions of the Proposed Amendments:

1.    Inclusion of Resisting a Police Officer with Force or Violence:

o  The bill proposes adding "resisting a police officer with force or violence" to the list of predicate felonies in R.S. 14:30.1(A)(2). Under current law, a homicide is classified as second degree murder if it occurs during the perpetration or attempted perpetration of certain felonies (e.g., aggravated rape, armed robbery), regardless of intent. This amendment would extend that classification to include deaths resulting from incidents where an individual resists a police officer with force or violence.

2.    Homicide Committed by Individuals in Custody or Who Have Escaped:

o  The bill introduces a new provision, R.S. 14:30.1(A)(5), which would classify a homicide as second degree murder when committed by a person who is either in lawful custody or has escaped from lawful custody or confinement, even if there is no intent to kill or inflict great bodily harm. This aims to address situations where individuals in custody or escapees cause a death during their period of detention or escape.

Effective Date: The proposed law is set to become effective immediately upon the governor's signature or upon the lapse of time for gubernatorial action, in accordance with Article III, Section 18 of the Louisiana Constitution.

Appropriates $10,000 from the State General Fund (Direct) for Fiscal Year 2024-2025 to pay a consent judgment in "State Farm Mutual Automobile Insurance Company as partial subrogee of B & T Farms v. Herman D. Oliver and State of Louisiana through the Department of Transportation and Development," signed March 2, 2023, in the Eighteenth Judicial District, West Baton Rouge Parish (No. 1046191, Division B). The payment is awarded to State Farm Mutual Automobile Insurance Company.

Here’s a condensed analysis of Louisiana House Bill No. 46 (HLS 25RS-405): HB 46, introduced by Rep. Villio in the 2025 Regular Session, appropriates $25,000 from the State General Fund (Direct) for FY 2024-2025 to pay a consent judgment from January 17, 2024, in "Troy Singleton v. State Farm Fire & Casualty Ins. Co. et al." (Case No. 2018-13505, 22nd Judicial District, St. Tammany Parish). The state, via the Department of Transportation and Development, is a party. Payment covers principal, interest, court costs, and fees, but only if the judgment is final, with interest stopping on the Act’s effective date (upon governor’s signature or lapse of veto period). The bill prioritizes the judgment’s terms in conflicts and is a routine settlement funding measure, likely to pass barring budget issues. Details of the dispute are unclear but may involve transportation and insurance liability.