selected legislation from the ommittees on …legis.la.gov/legisdocs/cle/criminal_law.pdf · for...

SELECTED LEGISLATION FROM THE

COMMITTEES ON ADMINISTRATION OF

CRIMINAL JUSTICE AND CIVIL LAWfrom the

2019 Regular Sessionof the

Louisiana Legislature

Prepared by

House Legislative ServicesLouisiana House of Representatives

July 2019

Notice of Purpose and Use

This publication was prepared by House Legislative Services of the Louisiana House ofRepresentatives to provide the user with general information concerning the subject matter covered. While reasonable effort has been made to provide accurate information, the House ofRepresentatives does not warrant its accuracy and the use of this information is the soleresponsibility of the user. This publication does not purport to fully state the law, is not designedto serve as a replacement for the official legal source of its content, and does not constitute therendering of legal or other professional advice.

TABLE OF CONTENTS

CRIMINAL JUSTICE LEGISLATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 4

NEW CRIMES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 4

CRIMINAL CODE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 7

CRIMINAL PROCEDURE AND SENTENCING. . . . . . . . . . . . . . . . . . . . . . . Page 10

JUVENILE JURISDICTION AND PROCEDURE. . . . . . . . . . . . . . . . . . . . . . Page 13

CONTROLLED DANGEROUS SUBSTANCES. . . . . . . . . . . . . . . . . . . . . . . . Page 17

DOMESTIC ABUSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 18

VICTIMS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 20

EVIDENCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 22

CRIMINAL RECORDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 23

MISCELLANEOUS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 23

RESOLUTIONS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 28

CIVIL LAW LEGISLATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0

OBLIGATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 30

MINERAL RIGHTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 31

PRIVILEGES AND LIENS ON IMMOVABLES. . . . . . . . . . . . . . . . . . . . . . . Page 31

SEIZURE EXEMPTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 32

SETTLEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 32

FAMILY LAW.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 33

CIVIL PROCEDURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 34

NOTARIES.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 36

LIABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 36

CONSTITUTIONAL AMENDMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 37

OCTOBER 2019 ELECTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 37

NOVEMBER 2020 ELECTION.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 37

CRIMINAL JUSTICE LEGISLATION

New Crimes

Act No. 88 (HB 7) by Rep. Dwight

Creates the crime of communication interference and defines it as the willful or maliciousinterference with any communication operated or controlled by the state; used or intended to be usedby the military or civil defense functions; or controlled by any legal entity created for the purposeof or engaged in generating, transmitting, providing, and distributing utilities or utility services tothe public.

Provides penalties of a fine of not more than $10,000, imprisonment with or without hard labor fornot more than ten years, or both, for a first offense. For a second or subsequent offense, providespenalties of a fine of not more than $10,000, imprisonment with or without hard labor for not morethan fifteen years, or both.

Provides that the crime does not apply to the following:

(1) Certain activities performed for purposes of collective bargaining or mutual aid protection,for military or civil defense functions, or for certain private entities.

(2) Any of the following entities while engaged in the course and scope of their businessactivities: (a) any entity the security issues of which are subject to approval, control,regulation, or supervision by the federal government or any agency thereof under any otherfederal statute; (b) an entity whose business is subject to regulation by the FederalCommunications Commission; or (c) any entity conducting or carrying on its business oroperations in two or more states.

(3) Member-owned electric cooperatives, municipally owned electric service providers, privatelyowned utilities, or investor-owned utilities regulated by the La. Public Service Commissionor the city council of New Orleans engaged in the course and scope of their businessactivities.

Effective Aug. 1, 2019.

Act No. 292 (HB 74) by Rep. T. Landry

Creates the crime of trespass against state computers and defines it as knowingly accessing acomputer owned, operated, or utilized by the state of La., its contractors, or its political subdivisionswithout authorization, or exceeding authorized access, when committed for certain purposes.

Page 4 of 37

Provides the following penalties for the crime of trespass against state computers:

(1) For a first offense, when the offense involves the obtaining of information that has beendetermined to require protection against unauthorized disclosure: a fine of not more than$3,000, imprisonment, with or without hard labor, for not more than 3 years, or both.

(2) For a first offense, when the offense involves the transmission of information that has beendetermined to require protection against unauthorized disclosure, involves a denial of serviceattack, or involves the introduction of malicious or destructive software that negativelyaffects computers: a fine of not more than $5,000, imprisonment, with or without hard labor,for not more than 3 years, or both.

(3) For any second or subsequent offense: a fine of not more than $10,000, imprisonment, withor without hard labor, for not more than 5 years, or both.

Provides that the person convicted of a crime of trespass against state computers shall also be subjectto forfeiture of any movable property used or intended to be used to commit the crime and anyproperty which constitutes or is derived from proceeds traceable to any violation of trespass to statecomputers.

Authorizes the district attorney to host a public sale or public auction of the seized property to beconducted by a licensed auctioneer, without appraisal. Further provides that the proceeds of thepublic sale or public auction shall be used to cover the cost of the sale or auction, court costs, andfees related to the seizure and storage of the property.

Provides exemptions from forfeiture and sale for the following: property that was stolen or theproperty was possessed by someone other than the owner and the owner did not know that thepersonal property was being used in the violation of proposed law; when a spouse, co-owner, orinterest holder in the property establishes certain factors by sworn affidavit; property of an internetservice provider; and property subject to a lien, security interest, or mortgage recorded prior to thedate of the offense.


Act No. 12 (HB 180) by Rep. Bagley

Creates the crime of interfering with emergency communication and provides that the crime iscommitted when a person disconnects, damages, disables, removes, or uses physical force orintimidation to block access to any telephone or telecommunications device with the specific intentto interfere or prevent an individual from doing any of the following:

(1) Using a 911 emergency telephone number.

Page 5 of 37

(2) Obtaining medical assistance.

(3) Making a report to any law enforcement officer.

Provides that persons who commit this crime shall be either fined not more than $500, imprisonedfor not more than six months, or both.

Defines "law enforcement officer" and "telecommunications device".


Act No. 355 (HB 184) by Rep. Henry

Creates the crime of harassment of a school or recreation athletic contest official and defines thecrime as the harassment of a school athletic or recreation athletic contest official that occurs undereither of the following circumstances and that includes verbal or non-verbal behavior by the offenderthat would cause a reasonable person to be placed in fear of receiving bodily harm:

(1) While the school athletic or recreation athletic contest official is actively engaged in theconducting, supervising, refereeing, or officiating of a school-sanctioned interscholasticathletic contest or a sanctioned recreation athletic contest.

(2) In the immediate vicinity of a school-sanctioned interscholastic athletic contest or asanctioned recreation athletic contest and is based on the official's performance in theconducting, supervising, refereeing, or officiating of a school-sanctioned interscholasticathletic contest or a sanctioned recreation athletic contest.

Defines "school athletic contest official" and "recreation athletic contest official" for purposes of thiscrime.

Provides the following penalties for persons who commit the offense:

(1) A fine of not more than $500, imprisonment without hard labor for not more than 90 days,or both.

(2) Performance of 40 hours of court-approved community service work.

(3) Mandatory participation in a court-approved counseling program which may include angermanagement, abusive behavior intervention groups, or any other type of counseling deemedappropriate by the court. Cost of the program shall be borne by the offender.

Creates the crime of entry or remaining on site of a school or recreation athletic contest after being

Page 6 of 37

forbidden which provides that no person shall, without authority, go into or upon or remain in orupon, or attempt to go into or upon or remain in or upon, any immovable property or other site orlocation that belongs to another and that is used for any school athletic contest or recreation athleticcontest, including any area in the immediate vicinity of the site or location of the athletic contest,after having been forbidden to do so, either orally or in writing, by any owner, lessee, or custodianof the property or by any other authorized person.

Provides that whoever commits this offense shall be fined not more than $500, imprisoned withouthard labor for not more than six months, or both.


Criminal Code

Act No. 2 (HB 25) by Rep. McMahen

For purposes of the crimes set forth in Title 14 of the La. Revised Statutes of 1950, defines "seriousbodily injury" as bodily injury which involves unconsciousness; extreme physical pain; protractedand obvious disfigurement; protracted loss or impairment of the function of a bodily member, organ,or mental faculty; or a substantial risk of death.

Further provides that for purposes of the crime of abuse of children (R.S. 14:403), "serious bodilyinjury" shall also include injury resulting from starvation or malnutrition.


Act No. 290 (HB 47) by Rep. Jenkins

Expands application of the crime of improper supervision of a minor by a parent or legal custodianto include when the parent or legal custodian knowingly or willfully permits a minor to engage in theprohibited activities.

Changes the penalties to a fine of not more than $500, imprisonment for not more than 90 days, orboth; and repeals the specific penalty which applied for improper supervision of a minor by allowingthe minor to be habitually absent or tardy from school.

Directs the court to consider the totality of the circumstances including the best interest of the minorwhen imposing the sentence for a person convicted of improper supervision of a minor.

Authorizes a peace officer to issue a summons, in lieu of making an arrest, to any person whocommits the offense of improper supervision of a minor unless the officer has reasonable grounds

Page 7 of 37

to believe that the person will not appear upon summons; has reasonable grounds to believe that theperson will cause injury to himself or another, will cause damage to property, or will continue in thesame or a similar offense unless immediately arrested and booked; or it is necessary to book theperson to comply with routine identification procedures.


Act No. 5 (HB 111) by Rep. Stefanski

The crime of disarming of a peace officer is committed when an offender, through use of force orthreat of force, and without the consent of the peace officer, takes possession of any law enforcementequipment from the person of a peace officer or from an area within the peace officer's immediatecontrol, when the offender has reasonable grounds to believe that the victim is a peace officer actingin the performance of his duty.

Removes the requirement that the law enforcement equipment be issued to the peace officer by hislaw enforcement agency for the crime of disarming of a peace officer to apply. Further adds as anelement of the crime that the equipment be approved by the peace officer's law enforcement agencyfor use by the peace officer in the course and scope of his duties.


Act No. 311 (HB 307) by Rep. M. Johnson

Amends the crimes of public intimidation and retaliation to include extortionate threats and truethreats.

Provides that "extortionate threats" occur when a person communicates an unlawful threat to harmanother person with the intention to obtain anything of value or any acquittance, advantage, orimmunity of any description and the person would not otherwise be able to lawfully secure suchadvantage willingly from the victim.

Provides that "true threats" occur when a person communicates a serious expression of an intent tocommit an unlawful act of violence upon a person or group of persons with the intent to place suchpersons in fear of bodily harm or death. Further provides that the person need not actually intendto carry out the threat.

Amends the crime of threatening a public official to do all of the following:

(1) Expand its application to true threats made to a public official or law enforcement officer.

Page 8 of 37

(2) Expand its application to threats made through social media.

Removes the provision providing specific penalties when the person commits the crime ofthreatening a public official with the intent to influence or in retaliation for his conduct in relationto his position, employment, or official duty.

Further defines "law enforcement officer", "true threats" and "verbal or written communication".



Amends the crime of looting to provide that for the crime to apply, the removal of the propertybelonging to another must be without authorization.


Act No. 249 (HB 577) by Rep. Norton

Amends the crime of threatening a public official to do all of the following:

(1) Expands its application to threats made to law enforcement and threats made through socialmedia.

(2) Amends the elements of the offense to provide that the crime is committed when a personengages in any verbal or written communication that is a true threat to a public official or lawenforcement officer. Further provides that a "true threat" occurs when a personcommunicates a serious expression of an intent to commit an unlawful act of violence upona person or group of persons with the intent to place such persons in fear of bodily harm ordeath; however, the person need not intend to carry out the threat.

Retains the penalties of a fine up to $500 and imprisonment for up to six months, but applies themgenerally to persons who commit the offense as defined by this Act, and removes the specificpenalties which applied when the person committed the crime of threatening a public official withthe intent to influence or in retaliation for his conduct in relation to his position, employment, orofficial duty.


Page 9 of 37

Criminal Procedure and Sentencing

Act No. 369 (HB 149) by Rep. Marino

Provides for the following with respect to parole:

(1) In offering a defendant the opportunity to request participation in a workforce developmentsentencing program, requires the court to advise the defendant that, while in the program, thedefendant shall not be eligible for parole, nor earn "good time" or additional "good time"credits for participation in certified treatment rehabilitation programs.

(2) Provides that for any prisoner released because of diminution of sentence pursuant to existinglaw on or after Aug. 1, 2020, the committee on parole may impose special conditions ofsupervision which include participation in additional programming by the prisoner asdetermined to be necessary by a validated risk-assessment tool approved by the department.

(3) Repeals provisions regarding "administrative parole" which allowed an offender to bereleased on the date of his parole eligibility without a hearing before the committee on parole if the offender met certain requirements, including the requirement that the offendercomplete a case plan developed by DPS&C.

(4) Authorizes the committee on parole, when granting parole of a prisoner who was sentencedas a habitual offender, to extend this period to a maximum of one year after the parolehearing or the most recent reconsideration of the prisoner's case if the committee on paroledetermines that it is necessary for the prisoner to participate in a work release program. Further amends the eligibility requirements for the work release program to allow forparticipation by such offenders.

(5) With regard to sentences imposed upon an offender who commits a technical violation ofconditions of parole, amends the sentence imposed for a third or subsequent technicalviolation from not more than 45 days for a third or subsequent technical violation to not morethan 45 days only for a third technical violation and to not more than 90 days for a fourth orsubsequent technical violation.

(6) Repeals the intensive parole supervision program established within the intensiveincarceration program and the provision which required the committee on parole to reviewthe case of an offender who completes the intensive incarceration program and thecommittee's authority to recommend that the offender be released on intensive parolesupervision.


Page 10 of 37

Act No. 156 (HB 275) by Rep. Duplessis

Extends the time period for petitioners seeking post-conviction DNA testing from August 31, 2019to August 31, 2024.

Also extends the time period for the preservation of all items of evidence from August 31, 2019 toAugust 31, 2024.

Changes the accreditation for crime laboratories to those accredited by an accrediting body that isa signatory to the International Laboratory Accreditation Cooperation Mutual RecognitionArrangements for Testing Laboratories (ILAC MRA) and requires conformance to an accreditationprogram based on the international standard ISO/IEC 17025 with an accreditation scope in the fieldof forensic science testing in the discipline of biology, and that is compliant with the current versionof the Federal Bureau of Investigations Quality Assurance Standards for Forensic DNA TestingLaboratories.


Act No. 158 (HB 351) by Rep. Carpenter

Requires the court to inquire of the defendant and his attorney whether he has been informed of allplea offers made by the state.


Act No. 253 (HB 611) by Rep. Magee

Act No. 260 of the 2017 Regular Session provided relative to the financial obligations an offenderfaces when charged and convicted of a criminal offense and includes a requirement for the court todetermine whether payment in full of all criminal justice financial obligations would causesubstantial financial hardship to the defendant or his dependants. Pursuant to Act No. 260, if thecourt determines that the financial obligations do cause substantial financial hardship, the court musteither waive the obligations or place the defendant on a payment plan.

Delays the effective date of Act No. 260 (as amended by Act Nos. 137 and 668 of the 2018 RegularSession) from August 1, 2019, to August 1, 2021, except for certain changes made to provisionsregarding the court's authority to suspend the driver's license of a defendant (see discussion of ActNo. 111 and HB No. 611 below).

Page 11 of 37

Act No. 111 (HB 397) by Rep. Bagneris(same changes made by Act No. 253 by Rep. Magee discussed above)

Amends provisions regarding the court's authority to suspend the driver's license of a defendant forfailure to pay criminal fines as follows:

(1) Upon a showing by the defendant that he is financially unable to pay an imposed criminalfine at the expiration of the extended period granted by the court under existing law, the courtshall grant the person an extension of time, not to exceed 180 days, in which to pay the fine,or offer the person, in lieu of paying the fine, the alternative of performing communityservice as set by the judge.

(2) If, at the expiration of the 180-day period granted by the judge, the judge determines that thedefendant has either willfully not paid the fine or has not performed the community service,the judge may do either of the following:

(a) For any offense that involves the operation of any motor vehicle, aircraft, watercraft,or other means of conveyance as a necessary element of proof in the commission ofthe offense, order the person's driver's license be surrendered to the sheriff or officialof the court collecting fines.

(b) Grant the person an extension of time to either pay the fine or perform thecommunity service.

(3) Retains the existing law provisions regarding the duties of the Dept. of Public Safety andCorrections, the sheriff, and the official of the court designated to collect fines.

(4) Prohibits the court from suspending the driver's license of a defendant unless the courtdetermines that the defendant is able but has willfully refused to pay the fine or performcommunity service. (Act No. 111 only)

Act No. 326 (HB 376) by Rep. Huval

Provides that any fact that increases the maximum or mandatory minimum penalty for a crime, otherthan the fact of a prior conviction, may be submitted to the jury, and the verdict may include aspecific finding of fact as to that issue.

Provides that the determination as to whether a firearm was discharged, used, or actually possessedduring the commission of one of the specifically enumerated offenses in existing law is a specificfinding of fact to be submitted to the jury and proven by the state beyond a reasonable doubt. Furtherrepeals the provisions which authorized the court to conduct a contradictory hearing to make thisdetermination and which provided for the type of evidence the court may consider and for the burden

Page 12 of 37

of proof of clear and convincing evidence.

Retains the penalties imposed when it is determined that the offender discharged, used, or actuallypossessed a firearm during the commission of an offense, but clarifies that the term of imprisonmentprovided in existing law is a minimum and that the court shall impose a term of imprisonment notless than the minimum amount set forth in existing law and not more than the term of imprisonmentimposed for the underlying offense.

Effective upon signature of governor (June 11, 2019).

Act No. 386 (HB 518) by Rep. Gaines

Provides that a conviction for a felony offense that is not a crime of violence and that has been setaside and dismissed after deferred imposition of sentence pursuant to Code of Criminal ProcedureArticle 893 shall not be considered as a prior conviction for enhancing a felony that is not a crimeof violence under the habitual offender law, nor shall it be included in the computation of the five-or ten-year cleansing periods set forth in the habitual offender law for the same purposes.


Act No. 341 (SB 68) by Sen. G. Smith

Provides that if a search warrant is issued to search for and seize data or information contained inor on a computer, disk drive, flash drive, cellular telephone, or other electronic, communication, ordata storage device, the warrant is considered to have been executed within the 10-day periodrequired by existing law if the device was seized before the expiration of the 10-day period, or if thedevice was in law enforcement custody at the time of the issuance of the warrant. Further providesthat if the electronic device was seized before the expiration of the 10-day period, or if the devicewas in law enforcement custody at the time of the issuance of the warrant, any data or informationcontained in or on the device may be recovered or extracted at any time pursuant to the warrant.


Juvenile Jurisdiction and Procedure

Act No. 147 (HB 158) by Rep. White - "Solan's Law"

Taking a Child Into Custody for Alleged Commission of a Delinquent Act

Prohibits any juvenile detention facility from detaining a child who is alleged to have committed a

Page 13 of 37

delinquent act for any of the following purposes or reasons, except when the child is charged withthe commission of a serious offense or has a history of adjudications based on prior serious offenses:

(1) To punish, treat, or rehabilitate the child.

(2) To allow the child's parent, guardian, or legal custodian to avoid the parent's, guardian's, orlegal custodian's legal responsibilities relative to the child.

(3) Solely to satisfy a demand made by a victim, law enforcement, or the community that a childbe detained.

(4) To facilitate further interrogation or investigation.

(5) To facilitate further assessment or evaluation.

(6) The unavailability of a more appropriate facility.

When a child is lawfully taken into custody by a peace officer or probation officer without a courtorder, this Act authorizes the officer, in lieu of taking the child into custody, to issue a verbalwarning to the child.

Repeals the provision which provided that no judge shall order that a youth who is 13 years of ageor older and who is taken into custody for a felony-grade delinquent act or for a misdemeanor-gradedelinquent act based upon an offense against the person of another be placed in a shelter care facility.

Allows the court to authorize an individual or entity, who is not a probation officer, to determinewhether it is appropriate for a child to be released to the care of his parents or other relatives upontheir written promise to bring the child to court at such times as may be fixed by the court.

Detention Screening Instrument

Provides that on and after July 1, 2020, a detention screening instrument shall be administered forany child placed in secure detention when taken into custody without a court order for allegedcommission of a delinquent act.

With regard to the detention screening instrument, this Act does all of the following:

(1) Requires the La. Juvenile Detention Alternatives Initiative Statewide LeadershipCollaborative (the JDAI Collaborative) to support the statewide implementation of detentionscreening instruments and the training process and requirements for those persons who willutilize the instruments.

(2) Requires detention screening instruments to assess the child only to determine the child's risk

Page 14 of 37

to public safety while a current arrest is pending and the risk of failure to appear in court forthe pending case.

(3) Requires the detention screening instrument to be selected from tools that are being utilizedas of Jan. 1, 2019, by local jurisdictions in the state.

(4) Requires a copy of the completed detention screening instrument to be provided to thejuvenile detention facility for any child who is admitted to its custody and requires thefacility to keep a record of the results of the instrument and other specified information.

(5) Beginning July 1, 2020, requires the detention screening instrument provided by this Act tobe administered to the child prior to transportation of the child to the appropriate place ofdetention or upon the child's arrival at the appropriate place of detention. If it cannot becompleted at that time, provides that the instrument shall be completed as soon as possibleafter the child has been admitted into the detention center.

(6) Requires the detention screening instrument to include consideration of certain factorsincluding the child's current offense, history of prior delinquent acts, history of failure toappear, and history of being a runaway and any mitigating and aggravating circumstances.

(7) If a child is detained after being taken into custody, requires the results of the detentionscreening instrument to be communicated to the court promptly upon its completion.

(8) Authorizes, instead of requires, the child to be taken to a juvenile detention center for thecommission of a felony-grade delinquent act or of a misdemeanor-grade delinquent act basedupon an offense against the person of another.

(9) Provides that for the commission of any other misdemeanor-grade delinquent act, the childmay be taken to a juvenile detention center or shelter care facility or released to a parent orguardian upon the written promise of the parent or guardian to bring the child to court. If thechild is not released to a parent or guardian, this Act provides that a detention screeninginstrument shall be administered to the child.

Alternatives to Secure Detention

Authorizes each judicial district or parish to develop a program or programs, operated by a nonprofitor government entity, to serve as alternatives to secure detention of a child which shall be used onlyfor a child taken into custody for the commission of a delinquent act who is not released. In thisregard, this Act does all of the following:

(1) Provides that funding may be provided by any source, including through a contract with theoffice of juvenile justice. Any program funded by the office of juvenile justice shall complywith any requirements established by the office of juvenile justice for the purpose of

Page 15 of 37

receiving and retaining such funding.

(2) Provides that an alternative to detention program shall be considered a form of detention andthe time periods for answering of a delinquency petition and for conducting an adjudicationhearing shall apply unless waived by the child.

(3) An authorized individual acting in good faith shall have immunity from any liability, civilor criminal, which might otherwise be incurred or imposed as a result of a child's release toan alternative to detention program.

Taking of DNA Sample

Provides that when a peace officer elects to issue a written summons to a person in lieu of arrest orto counsel and release a child, the peace officer is not required to draw or take a DNA sample fromthe person or child.



Prior to March 1, 2019, delinquency provisions applied only to persons under the age of 17. Act No.654 of the 2018 Regular Session provided that beginning March 1, 2019, criminal acts that are notcrimes of violence committed by 17-year-olds shall be governed by the provisions in the Children'sCode regarding delinquency.

This Act amends certain provisions to conform to previous changes made by Act No. 654 of 2018Regular Session by changing references of persons over or under the age of 17 to individuals overor under the age of 18.


Act No. 395 (HB 267) by Rep. Norton

Authorizes OJJ and licensed juvenile detention facilities to establish arts-based programming in itsjuvenile institutions, facilities, and programs, and provides that such arts-based programming mayinclude but is not limited to performing arts, visual arts, and other arts activities that enhance youthdevelopment.

Further authorizes OJJ and the juvenile detention facility owner or operator, for the purposes offunding the arts-based programming, to receive, by appropriation, gift, grant, donation, or otherwise,any sum of money, aid, or assistance from any person, firm, or corporation or from the U.S., its

Page 16 of 37

agencies, the state of La., or any political subdivision of the state.


Act No. 310 (HB 306) by Rep. Jefferson

When a child is taken into custody and is not released to the care of his parents, provides that thethree-day period provided in existing law within which a continued custody hearing must be heldincludes any day that is included as a legal holiday under existing provisions of the Children's Code. Further provides that when the last day of the three-day period is a legal holiday, the hearing shallbe set and held on the next business day that is not a legal holiday.


Controlled Dangerous Substances

Act No. 354 (HB 138) by Rep. Connick

Adds industrial hemp that is in the possession, custody, or control of a person who holds a licenseissued by the La. Dept. of Agriculture and Forestry, or is cultivated and processed in accordance withthe U.S. Agriculture Improvement Act of 2018 as an exception to the definition of "marijuana".

Defines "industrial hemp" as the plant Cannabis sativa and any part of that plant, including the seedsthereof and all derivatives, extracts, cannabinoids, isomers, acids, and salts of isomers, whethergrowing or not, with a delta-9-tetrahydrocannabinol concentration of not more than 0.3 percent ona dry weight basis and cultivated and processed in accordance with the U.S. AgricultureImprovement Act of 2018, or the plan submitted by the La. Dept. of Agriculture and Forestry thatis in compliance with the U.S. Dept. of Agriculture rules.

Adds Methoxyacetylfentanyl, Para-fluorobutyrylfentanyl, Tetrahydrofuranylfentanyl, U-49900, U-51754, U-48800, and Deschloro-N-ethyl-ketamine to Schedule I.

Prohibits a person from knowingly or intentionally cultivating, possessing, processing, or sellingindustrial hemp products, or viable industrial hemp seeds not in accordance with the U.S. AgricultureImprovement Act of 2018 or the plan submitted by the La. Dept. of Agriculture and Forestry that isin compliance with the U.S. Dept. of Agriculture rules.


Page 17 of 37

Act No. 231 (HB 452) by Rep. Turner

Adds two substances (including mitragynine) to the Uniform Controlled Dangerous Substances Law,the schedule to which the substances will be added is dependent upon the classification of thesubstances as a controlled dangerous substance by the Drug Enforcement Administration of the U.S.

Repeals the crime of unlawful distribution of products containing Mitragyna speciosa to a minor.


Domestic Abuse

Act No. 417 (HB 36) by Rep. Stefanski - "Heather's Law"

When a copy of a Uniform Abuse Prevention Order is sent to the chief law enforcement officer ofthe parish where the person or persons protected by the order reside pursuant to existing law, thisAct requires the law enforcement agency to review the order upon receipt.

Further requires the petitioner to be notified of the right to initiate criminal proceedings and to beinformed that the granting of a temporary restraining order or protective order does not automaticallyfile criminal charges against the defendant.



Amends the penalties for the crime of illegal transfer of a firearm to a prohibited possessor torequire, instead of authorize, the imposition of criminal penalties and to provide that the term ofimprisonment shall be served with or without hard labor.

Retains the provision requiring the transfer of firearms of any person against whom the court hasissued a permanent injunction, protective order, or Uniform Abuse Prevention Order in domesticabuse cases; and further require persons convicted of any of the following felony crimes of violence,for which the person is prohibited from possessing a firearm under existing law, to transfer anyfirearms pursuant to the procedures set forth in existing law and in this Act:

(1) A conviction of domestic abuse aggravated assault.

(2) A conviction of aggravated assault upon a dating partner.

(3) A conviction of any crime that has as an element of the offense that the victim was a family

Page 18 of 37

member, household member, or dating partner.

(4) A conviction of any crime in which the victim of the crime was determined to be a familymember, household member, or dating partner. In such cases, this Act provides that thedistrict attorney may allege in the indictment or bill of information that the victim was afamily member, household member, or dating partner.

With regard to procedure by which firearms are transferred:

(1) Authorizes the sheriff to enter into an agreement with any other law enforcement agency tohave that law enforcement agency assume the duties of the sheriff with regard to the transferof firearms under existing law and this Act.

(2) No longer requires the firearm information form to include the serial number of each firearmtransferred, and instead requires the type of each firearm transferred to be stated on the form.

(3) Provides that the proof of transfer form shall contain the quantity of firearms transferred, butis not required to include identifying information about the firearms transferred. Furtherrequires the proof of transfer form to attest that the person is not currently in possession offirearms and is currently compliant with state and federal law, but prohibits the form fromincluding the date on which the transfer occurred.

(4) Requires the proof of transfer form filed with the clerk of court to be maintained by the clerkof court under seal.

(5) Provides certain requirements for persons who are required to transfer firearms pursuant toexisting law and this Act and who transfer or sell such firearms to a third party prior to thecourt's issuance of the order to transfer firearms and suspend a concealed handgun permit. In such cases, the person shall declare such sale or transfer in open court and shall, withinten days after the issuance of the order, execute a proof of transfer form to be filed with theclerk of court in the parish in which the order was issued. The proof of transfer form shallbe maintained by the clerk of court under seal.

(6) Provides that the receipt for each firearm transferred which is prepared by the sheriff and therecords of all firearms transferred kept by the sheriff shall not include the date that thefirearms were transferred.

(7) Provides that the failure to provide the information required by existing law and this Actrelative to the transfer of firearms and the failure to timely transfer firearms in accordancewith the provisions of existing law, may be punished as contempt of court and may establisha rebuttable presumption of a violation of the provisions which prohibit the possession offirearms by persons convicted of certain felony crimes of violence, convicted of certaindomestic abuse offenses, or subject to injunctions or orders relative to domestic abuse.

Page 19 of 37

(8) Authorizes the district attorney or the person transferring his firearms to file a motionrequiring the court to conduct a contradictory hearing to ensure that the person has compliedwith existing law and this Act.

(9) When the person is no longer prohibited from possessing a firearm, requires all outstandingfees to be paid prior to the return of any firearms to the person.

(10) Provides a process by which the firearms may be forfeited to the sheriff if the outstandingfees are not paid or if the person does not seek return of the firearms within one year of theprohibition from possessing a firearm.

(11) Provides that nothing in existing law or this Act prohibits a sheriff from obtaining a searchwarrant to test or examine any transferred firearm for the purpose of facilitating any criminalinvestigation or prosecution.

(12) Provides that any records held by the sheriff or any other law enforcement agency pursuantto the provisions of existing law and this Act in this regard shall be confidential and shall notbe considered a public record. Further adds such records to the list of exceptions to thePublic Records Law.


Victims

Act No. 418 (HB 85) by Rep. Billiot

Provides that no victim or claimant shall be denied or otherwise deemed ineligible for reparations,nor shall any award for reparations be reduced, on the basis that the victim or claimant has aconviction or adjudication of delinquency, on the basis that the victim or claimant is currently onprobation or parole, or on the basis that the victim or claimant has previously served any sentenceof incarceration, probation, or parole unrelated to the offense for which reparations would otherwisebe awarded.


Act No. 410 (SB 146) by Sen. Morrell

With regard to the existing law which allows for the issuance of a warrant for the arrest of a witnesswhose testimony is essential to the prosecution or the defense and whose presence cannot be securedthrough the issuance of a subpoena, provides an exception for witnesses who are victims of a sexoffense and intimate partner violence.

Page 20 of 37

Provides that in certain misdemeanor cases in which the crime is defined as a sex offense, batteryof a dating partner, domestic abuse battery, or domestic abuse aggravated assault, a judge cannotorder a material witness warrant to secure the presence of a victim.

Provides that in certain felony prosecution cases in which the crime is defined as a sex offense,battery of a dating partner, domestic abuse battery, or domestic abuse aggravated assault against acurrent or former spouse, a judge cannot order a material witness warrant solely for the purpose ofsecuring the attendance or testimony of a victim, unless an applicant presents an affidavit to thejudge attesting to all of the following:

(1) Efforts made by the applicant to secure the victim's appearance in court.

(2) The victim's testimony is essential to the prosecution or defense of a criminal proceeding.

(3) The affidavit is filed in compliance with existing law.

Provides that when the appearance of a secured victim occurs, immediate notification must be madeto the judge who signed the warrant, the duty judge, or magistrate, as well as the applicant whorequested the order.

Provides that upon notification that the victim has been secured, the victim is to be brought beforethe judge pursuant to the following:

(1) Within the jurisdiction of the issued material warrant, the secured victim is to be broughtbefore the judge on the next scheduled business day.

(2) Outside the jurisdiction of the issued material warrant, the secured victim is to be broughtbefore the judge as soon as practically possible.

Provides that the judge is to explore all available alternatives to incarceration to ensure the victim'sappearance in court, and notify the victim of certain rights, including a right to retain or apply forcounsel.

Provides a presumption that the victim be released on his own recognizance and further providescertain conditions of release for a secured victim, including bond supervision, GPS monitoring,treatment facilities, shelters, lodging, or services offered by community partners or victim witnessassistance coordinators.

Provides that the judge may order that the secured victim be placed in protective custody as analternative to incarceration and further provides that, if possible, a victim will not be incarceratedin the same institution as the defendant.

Provides for a reporting system of information regarding material witness warrant data.

Page 21 of 37


Evidence

Act No. 115 (HB 226) Rep. J. Harris

Existing law authorizes a witness qualified as an expert to testify in the form of an opinion or

otherwise if:

(1) The expert's scientific, technical, or other specialized knowledge will help the trier of fact

understand the evidence or determine a fact in issue.

(2) The testimony is based on sufficient facts or data.

(3) The testimony is the product of reliable principles and methods.

(4) The expert has reliably applied the principles and methods to the facts of the case.

This Act provides that existing law also governs expert witnesses on the issue of memory and

eyewitness identification. Further provides that an expert's testimony shall not offer an opinion as

to whether a witness's eyewitness identification is accurate.


Act No. 237 (HB 489) by Rep. DuBuisson

Adds to the list of hearsay exceptions statements made by the victim of a sexually-oriented criminal

offense to a healthcare provider during the course of a forensic medical examination if that statement

is documented in writing during the forensic medical examination by the healthcare provider.


Act No. 259 (SB 156) by Sen. Riser

Allows victims of domestic abuse, dating violence, human trafficking, and sexual assault to access

criminal history records of witnesses or parties in a civil action.

The use of such records is limited for the purpose of showing evidence of similar crimes, wrongs,

or acts under Code of Evidence Art. 412.5.


Page 22 of 37

Criminal Records


Amends the definition of "records" to include records of an arrest based on a warrant or attachment

for failure to appear in court for the same offense or offenses for which the person is seeking an

expungement.

Provides that if an application for an expungement of a record has two or more offenses arising out

of the same arrest, including misdemeanors, felonies, or both, then the applicant is required to only

pay one fee.


Act No. 268 (SB No. 98) by Sen. Price

Provides that, in addition to other circumstances under which a person is entitled to an expungement,

a person is also eligible for an expungement if he is entitled to a first offender pardon pursuant to

Article IV, Section 5(E)(1) of the Constitution of La., provided the offense is not defined as a crime

of violence or a sex offense.

Further provides for an expungement for a conviction of a violation of the Uniform Controlled

Dangerous Substances Law for which the person is entitled to a first offender pardon under Article

IV, Section 5(E)(1) of the Constitution of La.


Miscellaneous

Act No. 143 (HB 99) by Rep. Falconer

Provides that any head coach of youth athletes in an organized sports or recreational athletic contest,

not as part of a religious, charitable, scientific, educational, athletic, or youth-serving institution, and

who is not a parent of the child, legal guardian of the child, or is otherwise not a family member of

the child, is required to do the following:

(1) Agree to release all investigative records for the purpose of verifying the accuracy of criminal

Page 23 of 37

violation information.

(2) Supply fingerprints and submit to a criminal history records check.

(3) Make available criminal history record information.

Further provides that when a criminal history records check is requested, the La. Bureau of Criminal

Identification and Information (bureau) shall provide the requestor with the state criminal history

record information of the individual subject to the inquiry. Requires the bureau to forward the

fingerprints to the FBI for a national criminal history records check and provide the requestor with

the national criminal history record information of the individual subject to the inquiry.

Requires the bureau to charge the individual subject to the background check for furnishing

information contained in the criminal history and identification files, including any additional costs.

For paid employees of a youth-serving institution or organization, the bureau is required to charge

the institution or organization for the criminal history records check.


Act No. 391 (HB 139) by Rep. Dwight

Changes the processing fee for a background check from $15 to $5 per background check. Further

requires a technology fee of $5 to be assessed for each civil background check conducted, to be

distributed to the La. Sheriffs' Association for the enhancement of criminal history data collection.

Effective upon completion or substantial completion of a statewide civil scan applicant processing

solution or March 31, 2020, whichever is earlier.


Adds the crime of sexual battery when the victim is under the age of 13 (R.S. 14:43.1(C)(2)) to the

list of offenses for which the court is either required or authorized to sentence the offender to be

treated with medroxyprogesterone acetate (MPA).

Provides that the determination by the medical expert as to whether the defendant is an appropriate

candidate for treatment shall be made not later than 60 days from the imposition of sentence, unless

the defendant is sentenced to incarceration or confinement for a period of time that is 10 years or

more.

Page 24 of 37

Further provides that in cases in which the defendant is sentenced to incarceration or confinement

for a period of time that is 10 years or more, the commencement of the administration of treatment

with medroxyprogesterone acetate (MPA) shall be contingent upon a medical evaluation to

determine whether the defendant is an appropriate candidate for treatment, which shall be conducted

not sooner than 30 days prior to the commencement of the administration of the treatment.


Act No. 298 (HB 185) by Rep. Hilferty

Expands the registry for persons who have been convicted of certain offenses involving a peace

officer to require registration of persons who commit terrorism offenses which include the crime of

terrorism, the crime of aiding others in terrorism, and any offense under the laws of another state,

or under any military, territorial, foreign, tribal, or federal law, that is equivalent to the crime of

terrorism or aiding others in terrorism.

Further expands the application of the registry requirements to any person convicted for the

conspiracy to commit any of the offenses for which registration is required.

Further requires the bureau to establish an alert flag on the criminal history record information of

each person who is required to register that would be visible and accessible to law enforcement

agencies and peace officers while in the performance of their duties.


Act No. 154 (HB 224) by Rep. Duplessis

When a peace officer has reasonable grounds to believe that a person has committed the offense of

driving without a valid driver's license, recognizes an electronic driver's license as a possible form

of license when the peace officer is attempting to confirm that a person has been issued a valid

driver's license.

Authorizes a peace officer to use his discretion to make a custodial arrest or issue a citation for a

person driving with a driver's license that is under suspension, revocation, or cancellation.


Page 25 of 37

Act No. 283 (HB 356) by Rep. Henry

Applies provisions regarding required notification to immediate family and authorized visitation of

an inmate that sustains serious bodily injury to inmates admitted to an intensive care unit (ICU) or

medical facility as a result of such injury, instead of to inmates admitted to an ICU or trauma center

as applied pursuant to prior law.

Further requires visits to be granted daily for the duration of the inmate's admission to the intensive

care unit or medical facility, unless notice is provided to any immediate family of the inmate as to

why such visitation cannot be granted.

Further requires the visitation to follow all security procedures and policies of the correctional

facility, jail, or other detention center and the medical facility where the inmate is being housed.

Amends the following definitions to read as follows:

(1) "Serious bodily injury" means bodily injury that involves protracted and obvious

disfigurement, or protracted loss or impairment of the function of a bodily member, organ,

or mental faculty, or a substantial risk of death.

(2) "Immediate family" means a spouse, child, parent, stepparent, sibling, stepsibling,

grandchild, or grandparent of the inmate. If all persons defined as "immediate family" are

deceased, then the term shall also include siblings of the inmate's parents


Act No. 235 (HB 477) by Rep. DuBuisson

Provides that no peremptory challenge shall be motivated in substantial part on the basis of the race

or gender of the juror.

When an objection is made that a challenge was motivated in substantial part on the basis of race or

gender, requires (instead of authorizes) the court to demand a satisfactory race or gender neutral

reason for the exercise of the challenge regardless of whether such reason is apparent from the voir

dire examination of the juror. Further requires the court to determine whether the challenge was

motivated in substantial part on the basis of race or gender.


Page 26 of 37

Act No. 121 (HB 492) by Rep. Larvadain

Retains the requirement that the court, upon determining that the petitioner is factually innocent of

the crime for which he was convicted, order compensation for the physical harm and injury suffered

by the petitioner at the rate set forth in existing law.

Further requires the court to order that the petitioner receive $80,000 in compensation for the loss

of life opportunities and to cover expenses relating to job skills training, education, housing, and any

other services such wrongfully convicted person may need. Removes the requirement that the court

review each request for payment for loss of life opportunities and also removes the criteria for each

category of compensation and the limitations placed on the number of years for which the petitioner

may receive compensation for loss of life opportunities.

Further provides that any petitioner who has been awarded compensation and who has received a

portion of such compensation prior to August 1, 2019, may petition the court by August 1, 2020, to

seek the remainder of the compensation, not to exceed $80,000, or be forever barred from filing such

petition.

Act No. 612 of the 2018 Regular Session provided for the elimination of certain funds effective July

1, 2020, including the Innocence Compensation Fund, which under existing law is required to be

used to compensate persons who are found to be factually innocent of the crime for which they were

convicted. Upon elimination of the Innocence Compensation Fund, Act No. 612 provided for the

payment of compensation awarded to such persons from the state general fund.

This Act provides that with respect to the Innocence Compensation Fund, Act No. 612 of the 2018

Regular Session shall not go into effect.

Repeals a provision that conflicted with the existing law requirement that petitions for wrongful

conviction be filed in the district court in which the original conviction was obtained.


Act No. 245 (HB 551) by Rep. Jackson

Increases the per diem amount paid by DPS&C to the sheriff or governing authority of a parish for

housing an individual in a parish jail from $24.39 per day to $25.39 per day for FY 2020, and to

$26.39 per day for FY 2021 and thereafter.

Additionally requires DPS&C to work with sheriffs or governing authorities of parish jails to ensure

that basic jail guidelines provide for treatment and educational programming for individuals confined

in parish jails by December 31, 2020.

Page 27 of 37


RESOLUTIONS

HCR No. 37 by Rep. Smith

Continues the La. Women's Incarceration Task Force that was created pursuant to HCR No. 27 of

the 2018 Regular Session to study, evaluate, analyze, and undertake a comprehensive review of the

state's criminal justice system as it relates to women and to report its findings and policy

recommendations by January 1, 2020.

HCR No. 45 by Rep. Hoffman

Requests that the Dept. of Public Safety and Corrections study laws and policies relative to benefits,

including sick leave, for teachers at facilities under the jurisdiction of the office of juvenile justice

who are injured or disabled as a result of assault or battery while acting in their official capacity and

submit a written report of findings and conclusions, including any recommendations for related

legislation, to the House Committee on Administration of Criminal Justice and the Senate

Committee on Judiciary C not later than 60 days prior to the beginning of the 2020 Regular Session.

HCR No. 52 by Rep. Lyons

Requests the La. Commission on Law Enforcement and Administration of Criminal Justice to

develop a platform or means through which data and information is collected from law enforcement

agencies utilizing body cameras and through which that information is distributed to other law

enforcement agencies.

HCR No. 79 by Rep. DeVillier

Requests the Dept. of Public Safety and Corrections to study alternative means by which a person

on probation or parole reports to a probation and parole officer in lieu of in-person meetings.

HCR No. 87 by Rep. Magee

Directs the creation of the La. Commission on Justice System Funding to study and determine

optimal methods of supporting and funding the La. court system in a way that would allow for the

implementation of changes made in Act No. 260 of the 2017 Regular Session.

Page 28 of 37

HCR No. 106 by Rep. James

Requests the La. District Attorneys Assoc., in conjunction with the La. Supreme Court and other

courts, the La. Clerks of Court Assoc., the La. Public Defender Bd., the La. Sheriffs' Assoc., La.

State Police, the Justice Accountability Center of La., and Voice of the Experienced to study and

evaluate the process and procedure for automatic criminal record-clearing for individuals who

remain free from convictions.

HCR No. 109 by Rep. Carpenter

Requests Voice of the Experienced to study the collateral consequences of a criminal conviction in

La. and the extent to which defendants are notified of such consequences prior to entering a guilty

plea, and to report its findings to the legislature no later than February 1, 2020.

SCR No. 18 by Sen. Morrell

Creates the Task Force on Secure Care Standards and Auditing comprised of the same membership

as the Task Force on Secure Care Standards and Auditing created under SCR 38 of the 2017 Regular

Session and abolished on February 1, 2019. Provides that the Task Force have the same membership

as originally provided in SCR 38 of the 2017 Regular Session.

Provides that the task force is to assist in development and implementation of standards and

procedures in the operation and audit of secure care facilities in the state and authorizes and directs

the Task Force to oversee implementation of the original recommendations relative to standards and

audits of secure care facilities and the following:

(1) Recommendations to support imposition of standards and estimated costs incurred by the

office of juvenile justice.

(2) The implementation of prior recommendations made by the task force.

(3) The appropriation of funds may be required to implement recommendations.

(4) Legislation needed to support and provide for task force recommendations, including the

creation of an auditing process and necessary statutory changes to improve the functions and

activities of the Juvenile Justice Reform Act Implementation Committee.

(5) The discontinuation of the user-pay telephone system.

Provides for administrative assistance and staff support from the Louisiana Youth Justice Coalition.

Provides that the office of juvenile justice produce an estimate of the costs to implement the task

Page 29 of 37

force recommendations no later than September 1, 2019.

Provides that the Task Force provide a written report of its findings and recommendations to the

governor, the legislature, the office of juvenile justice, and the Legislative Auditor which includes

recommendations for legislation and establishment of a schedule and process no later than November

15, 2019, and another written report no later than November 15, 2020, of its findings and

recommendations, including a status report on the implementation of the standards and an ongoing

auditing process to the governor, legislature, the office of juvenile justice, and the Legislative

Auditor.

Provides that the Task Force on Secure Care Standards and Auditing is abolished on June 30, 2021.

HR No. 219 by Rep. James

Requests the Vera Institute of Justice to study the eligibility requirements for jurors set forth in the

Code of Criminal Procedure and the impact of those requirements on the ability of a jury commission

to create a source list of potential jurors that comports with the 6th Amendment to the U.S.

Constitution and La. Const. Art. I, §17.

HR No. 315 by Rep. Norton

Requests the House Committee on Administration of Criminal Justice to study the effects of

increasing the time period within which to institute prosecution of sex offenses.

CIVIL LAW LEGISLATION

Obligations

Act No. 106 (HB 252) by Rep. Gaines

Obligations with an unlawful cause will now expressly include those arising from gaming, gambling,

and wagering, which are not authorized by law. Repeals the Civil Code title on aleatory contracts.


Page 30 of 37

Mineral Rights

Act No. 350 (SB 115) by Sen. Ward

Decreases the threshold for consent of co-owners in indivision from 80% to 75% undivided interest

in co-owned land or mineral servitudes in order to exercise rights conveyed by a mineral lease,

mineral servitude, or geological survey lease or permit.

This change will only apply prospectively, and only to contracts entered into after August 1, 2019.

Privileges & Liens on Immovables

Act No. 325 (HB 203) by Rep. G. Miller

Revises the Private Works Act and related provisions of law. In addition to updating terminology,

the bill addresses:

(1) Definitions under the PWA.

(2) Ranking of privileges.

(3) Subrogation, scope of claims, and claims procedure.

(4) Notice requirements, content, and penalties.

(5) Bond requirements.

(6) Recordation.

Effective Jan. 1, 2020, with exceptions as to applicability and retroactivity.

Act No. 85 (SB 106) by Sen. Lambert

Provides that, in addition to the right of action under existing law, the state shall have a lien or

privilege against immovable property of the party responsible for any money the state has to spend

out of the Hazardous Waste Site Cleanup Fund, and specifies the ranking of such lien or privilege.


Page 31 of 37

Seizure Exemptions

Act No. 197 (SB 217) by Sen. Walsworth

Adds the refundable portion of the child tax credit of the debtor as an exemption from seizure under

any writ, mandate, or process, except for seizure by the Dept. of Revenue or arrears in child support

payments.


Settlements

Act No. 17 (HB 417) by Rep. Hill

A judgment or settlement for a minor in DCFS custody must be greater than $50,000 for the court

to order that it be put in trust.

Effective upon signature of governor (May 24, 2019).

Act No. 260 (SB 193) by Sen. Morrish

Enacts the Louisiana Structured Settlement Protection Act.

Requires a structured settlement purchase company to register with the secretary of state, imposes

bonding requirements, and requires a transferee to make disclosures to the court and to the payee.

Requires notice of a proposed transfer to be served on all interested parties and requires the notice

to contain certain information.

Provides for an application for transfer and for a timely hearing to approve a transfer. Provides that

no transfer of structured settlement payment rights shall be effective unless approved in a final court

order. Provides that the court must find that the transfer is in the best interest of the payee, the payee

has received independent professional advice regarding the transfer, and the transfer does not

contravene any applicable statute, court order, or government authority.

Provides that a transfer order signed by a Louisiana court of competent jurisdiction shall constitute

a qualified order under federal law. Further states that after July 1, 2020, a transfer order signed by

a Louisiana court where the transferee is not a registered structured settlement purchase company

shall not constitute a qualified order under federal law.

Page 32 of 37

Authorizes a private action for violation of this Act.

The provisions of this Act are non-waivable, and all disputes on a transfer agreement signed in La.

shall be litigated in La. No transfer of structured settlement payment rights shall extend to any

payments that are life contingent, unless certain criteria is met by the transferee.

Effective July 1, 2020.

Act No. 35 (HB 197) by Rep. Foil

Prohibits nondisclosure agreements where:

(1) The claim is one based on sexual harassment or sexual assault;

(2) The claim is against the state, a state agency, a public officer or employee; and

(3) Public funds are used to pay the settlement.


Family Law

Act No. 401 (SB 172) by Sen. Colomb

Provides that:

(1) Minors under the age of 16 cannot enter into a contract of marriage;

(2) Minors 16 and 17 years old cannot marry anyone older than them by 3 years or more; and

(3) Minors 16 and 17 years old can only marry with judicial authorization and written

concurrence from both parents, the custodial parent, or a tutor.

Provides for related issues, such as nullity due to impediment of age, emancipation by marriage,

officiating marriage ceremonies, marriage licenses, and applications, and reporting required by

judges and the registrar of vital records.


Page 33 of 37

Act No. 239 (HB 505) by Rep. Coussan

Authorizes courts to require parties in a custody or visitation proceeding to complete a

court-approved program to educate parties of the needs of children upon motion of a party, its own

motion, or upon agreement of the parties and to render judgment for costs for the program.


Act No. 277 (SB 185) by Sen. Walsworth

Allows DCFS to initiate enforcement services by requiring redirection of payments to be effective

upon DCFS mailing notice that the payee of the support order has been administratively changed.

To ensure that all parties are informed of the change, upon notice, requires the court to issue an

amended order, which is required to be served on all parties.


Civil Procedure

Act No. 406 (SB 71) by Sen. Carter

Provides that an interpreter shall be appointed prior to a rule to show cause if it is determined that

an interpreter is necessary.

Requires the court to order payment out of the court fund to the interpreter for his services at a fixed

reasonable amount. Specifies that the amount paid out of the court fund may be taxed by the court

as costs of court to be reimbursed to the fund.

Provides that a petition for a civil protective order shall contain a request for a competent interpreter

for non-English-speaking petitioners or witnesses.



Existing law provides that, relative to the computing a period of time allowed or prescribed by law

or by order of court, a legal holiday is to be included in the computation of a period of time allowed

Page 34 of 37

or prescribed.

Existing law provides that a legal holiday is excluded in the computation of a period of time allowed

or prescribed to seek rehearing, reconsideration, or judicial review or appeal of a decision or order

by an agency in the executive branch of state government, but not for a decision or order by the Dept.

of Revenue.

This Act expands the exception for decisions or orders by the Dept. of Revenue to also include

decisions or orders by the Dept. of Environmental Quality and certain Dept. of Insurance

examination reports.


Act No. 323 (SB 191) by Sen. Chabert

Provides that actions for damages against any real estate appraiser, appraisal management company,

or real estate appraisal company, arising out of an engagement to perform real estate appraisal

services, shall be filed within one year from the date of the act, omission, or neglect, or within one

year from the date that the alleged act, omission, or neglect is discovered or should have been

discovered, but in all events such actions shall be filed at the latest within three years from the date

of the act, omission, or neglect.

Provides for application to all causes of action without regard to the date when the alleged act,

omission, or neglect occurred.

Provides that the one-year period of limitation is prescriptive and that the three-year period of

limitation is preemptive.

Does not apply in cases of fraud, does not apply to any proceedings initiated by the La. Real Estate

Appraisers Board, and does not apply to any action filed prior to January 1, 2020.

Effective January 1, 2020.

Act No. 365 (HB 583) by Dwight

Extends the jurisdiction of the Board of Tax Appeals (the board) to handle cases where taxes are

claimed to be unconstitutional under any provision of the U.S. Constitution or the Constitution of

La.

Extends the jurisdiction of the board to include petitions for declaratory judgment related to the

Page 35 of 37

constitutionality of laws or ordinances, the validity of a regulation, and to all matters related to state

or local taxes or fees.

Provides that no aggrieved party shall petition the board to declare a law unconstitutional on the

basis of its failure to meet the constitutional requirements for the passage of laws by the legislature.

Grants appellate jurisdiction to the supreme court over decisions and judgments made by the board.

Authorizes a collector to enforce the collection of taxes through an ordinary suit before the board or

any court of competent jurisdiction.

Effective Jan. 1, 2020, if the proposed addition of Article V, §35 of the Constitution of La. contained

in Act 446 is adopted at a statewide election and becomes effective.

Notaries


Changes the deadline for the application for a notary examination and the application fee from no

later than 60 days prior to the date of the examination to no later than 30 days prior to the date of the

examination.

Effective upon signature of governor (May 24, 2019).

Liability


Defines "community service litter abatement program" and "beautification and maintenance

projects", and provides that such a program may be established by ordinance of the governing

authority of any parish or municipality which shall establish necessary rules and regulations for the

facilitation of persons volunteering to participate in the program.

Provides that a person who volunteers to participate in the program shall not be deemed to be an

employee of the program or of the parish or municipality establishing the program.

Provides that a person who participates in the program shall have no cause of action for damages

against the governing authority conducting the program or supervising the participants, nor against

any employee or agent of the governing authority, unless the injury or loss was caused by the

Page 36 of 37

intentional or grossly negligent act or omission of the governing authority or its employee or agent.

Provides that the governing authority shall not be liable for any injury caused by an individual

participating in the program unless the gross negligence or intentional act of the governing authority

or its employee or agent was a substantial factor in causing the injury.


Constitutional Amendments

October 12, 2019 election:

Act No. 445 (HB 62) by Rep. S. Carter – Provides appropriations from the Education

Excellence Fund for the Louisiana Educational Television Authority, Thrive Academy, and

laboratory schools operated by public postsecondary institutions.

Act No. 444 (HB 234) by Rep. Miguez – Exempts raw materials destined for the Outer

Continental Shelf from ad valorem taxes.

Act No. 446 (HB 428) by Rep. Dwight – Extends the jurisdiction of the Board of Tax

Appeals to matters concerning the constitutionality of taxes and fees.

Act No. 448 (SB 79) by Sen. Carter – Authorizes ad valorem tax exemptions in Orleans

Parish to promote affordable housing.

November 3, 2020 election:

Act No. 447 (HB 425) by Rep. Jackson – Declares that no provision of the state

constitution protects a right to abortion or requires the funding of abortion.

Page 37 of 37

selected legislation from the ommittees on …legis.la.gov/legisdocs/cle/criminal_law.pdf · for...

Documents