New Laws - Miscellaneous
The Louisiana Legislature is, once again, in session, and has been busy passing new legislation that impacts all aspects of Louisianan’s lives. Of specific interest to us over the next few weeks are the changes they have made to various criminal offenses and procedures.
The legislature has created the offense of “Election fraud or forgery” which states:
A. No person shall knowingly, willfully, or intentionally:
(1) Vote or attempt to vote more than once in an election.
(2) Vote or attempt to vote, knowing that he is not qualified, or influence or attempt to influence another to vote, knowing that the voter is unqualified or the vote to be fraudulent."
(3) Register, vote, or attempt to register or vote in the name of another or in an assumed or fictitious name on an affidavit or document required by the Louisiana Election Code.
(4) Forge the name of another or use a fictitious name on an affidavit or document required by the Louisiana Election Code.
(5) Procure or submit voter registration applications that are known by the person to be materially false, fictitious, or fraudulent.
(6) Forge, alter, add to, deface, take, destroy, or remove from proper custodial care any book, card, record, voter registration application, election return, nomination papers, withdrawals of candidacy, election supplies, election paraphernalia, or any affidavit or other document required or provided for under the provisions of the Louisiana Election Code, unless required to be removed by a court of competent jurisdiction for inspection and photostatic copying for the court record.
(7) Have in his possession an official ballot in violation of any provision of the Louisiana Election Code.
(8) Have in his possession the registration certificate of another with intent to violate any provision of the Louisian Election Code.
(9) For purposes other than fulfilling the person’s duties relative to registration of voters as provided by law, copy or reproduce a voter registration application that has been submitted by an applicant.”
La. R.S. 14:133.1.1(A). The penalty for violating this statute is a fine of not more than $2,000 and/or imprisonment with or without hard labor, for up to 2 years. For a second or subsequent offense, the maximum fine increases to $5,000 and the imprisonment increases to 5 years at hard labor. La. R.S. 14:133.1.1(B).
The Legislature amended the penalty for Unlawful disruption of a school to decrease the penalty for a first offense to a misdemeanor with a maximum term of imprisonment of 6 months and adding a penalty for a second or subsequent offense of imprisonment, with or without hard labor, for a minimum of one year up to five years and a fine of up to $1,000. La. R.S. 14:40.6(C). The legislature now also requires any individual conflicted of this offense to participate in a conflict resolution class. La. R.S. 14:40.6(C)(3).
The legislature has added the governor’s mansion to those grounds over which an unmanned drone may not be flown without written permission of the person in charge of the building. La. R.S. 14:337(A)(1)(b).
The crimes of violence statute (La. R.S. 14:2) has been amended (again) to add the offense of “First degree vehicular negligent injuring, when the operator’s blood alcohol concentration exceeds 0.20 percent by weight based on grams of alcohol per one hundred cubic centimeters of blood” to the ever-increasing list of crimes of violence. La. R.S. 14:2(B)(62).
The legislature has also amended the penalty provision for the offense of Vehicular Negligent Injuring when the operator’s blood alcohol content is above 0.15. If between 0.15 and 0.20, the penalty shall be a fine of not more than $1,000 and/or imprisonment not less than 7 days nor more than 6 months. At least seven days of the sentence must be served without benefit of probation, parole, or suspension of sentence. La. R.S. 14:39.1(C)(2). If the operator’s BAC is over. 0.20, the fine shall be not more than $1,000 and imprisonment for not les than 30 days nor more than 6 months. At least 30 days must be spent without benefit of probation, parole, or suspension of sentence. La. R.S. 14:39.1(C)(3).
For the offense of First degree vehicular negligent injuring, when the operator’s BAC is 0.15 or higher, or has a prior conviction for Driving While Intoxicated, he shall be fined not more than $5,000 and imprisoned, with or without hard labor, for not less than 2 nor more than 10 years. At least 2 years must be served without benefit of probation, parole, or suspension of sentence. La. R.S. 14:39.2(D)(2).
The legislature continues to restrict probation, as well, amending Code of Criminal Procedure Article 897 to prohibit a Court from ordering early termination of probation or unsatisfactory termination of probation for individuals convicted of felony driving while intoxicated, vehicular homicide, or first degree vehicular negligent injuring or for misdemeanor vehicular negligent injuring. La. C.Cr.P. Art. 897.
Should you or someone you know be facing criminal prosecution, give us a call to schedule a consult at (318) 459-9111.