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.

Several additions have been made to Schedule I and Schedule IV.

Of particular note is an addition to Schedule I:

Unless specifically excepted or contained within a pharmaceutical product approved by the United State Food and Drug Administration, or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances, including its salts, isomers, or salts of isomers, whenever the existence of such salts, isomers, or salts of isomers is possible within the specific chemical designation: (1) Tianeptine.

La RS 40:964(G). Tianeptine has been the subject of warnings from the FDA for decades, but has just this term begun to be legislated against in Louisiana.

If you would like to schedule a consult to discuss your drug charges, give us a call at (318) 459-9111.

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 amended the monetary instrument abuse statute in several ways to broaden its application and has added a penalty provision for a second or subsequent offense increasing the penalty to imprisonment, with or without hard labor, for a minimum of 1 year up to 10 years and a fine of up to $1 million. 14:72.2(C).

The legislature has also amended the theft statute to specifically address “porch pirates”:

If the offender in such cases commits the crime of theft of a package that has been delivered to an inhabited dwelling owned by another, he shall be imprisoned, with or without hard labor, for not more than two years, or may be fined not more than two thousand dollars, or both."

La. R.S. 14:67(B)(4)(b). They have also added language to address a shoplifter who “commits an assault upon a store or merchant’s employee who is acting in the course and scope of his employment duties” to require that the first 15 days of any sentence must be served without benefit of probation, parole, or suspension of sentence.

The legislature has amended the Anti-Skimming statute to add microchip re-encoders and scanning devices as prohibited. La. R.S. 14:67.4

Simple burglary now prohibits “the unauthorized entering of any dwelling or other structure with the intent to temporarily or permanently deprive the owner, lessee, or tenant of full use of the dwelling or structure, or to temporarily or permanently assert any right of ownership or use of such property” and makes the offender liable “for any damage that has resulted from a violation” of this subsection. La. R.S. 14:62(A)(2) & (C).

Finally, the legislature has removed “the taking of, or the recruiting of another person who takes, anything of value from a retail establishment that is in the immediate control of a retail employee or employer when a person acts in concert with three or more individuals for the purpose of either overwhelming the response of an employer, an employee, or law enforcement to carry out the offense, avoid detection or apprehension, or create a reasonable belief that a reasonable person would not intercede beacause of fear” from the simple burglary statute and added it to the second degree robbery statute. La. R.S. 14:64.4(A)(2). A second or subsequent violation of the second degree robbery statute within 10 years of the first conviction now carries a minimum sentence of 5 years up to 40 years. La. R.S. 14:64.4(B)(2). If a firearm is involved in the offense, an additional 5 years without benefit of probation, parole, or suspension of sentence may be imposed, to be served consecutively to the underlying penalty. La. R.S. 14:64.4(B)(3).

If you or someone you know is facing criminal charges and would like to set up a consultation, give us a call at (318) 459-9111.

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.

This week, I’d like to address the changes they’ve made to several theft statutes, including creating a new crime (at least under state law): “Mail Theft” and “Theft or unauthorized reproduction of a mail receptacle key or lock.”

Mail Theft can now be found in Title 14, at Subsection 67.6 and prohibits any of the following:

“(1) Removing mail from a mail depository or taking mail from a mail carrier with a postal service with an intent to steal.

(2) Obtaining custody of mail by fraud or deception with an intent to steal.

(3) Selling, receiving, possession, transferring, buying, or concealing mail obtained by acts described in Paragraphs (1) or (2) of this Subsection, while knowing or having reason to know the mail was obtained illegally.

La. R.S. 14:67.7(B). Mail is defined as “any letter, postal card, parcel, envelope, package, bag, or any other sealed article addressed to another, along with its contents.” Mail Depository is defined as “a mail box, letter box, or mail receptacle of a postal service, an officer of a postal service, or a vehicle of a postal service.”

Theft or unauthorized reproduction of of a mail receptacle key or lock is defined as any of the following:

(1) Stealing or obtaining by false pretense any key or lock adopted by a postal service for any box or other authorized receptacle for the deposit or delivery of mail.

(2) Knowingly and unlawfully making, forging, or counterfeiting any such key, or possessing any such key or lock adopted by a postal service that delivers mail with the intent to unlawfully or improperly use, sell, or otherwise dispose of the key or lock, or to cause the key or lock to be unlawfully or improperly used, sold, or otherwise disposed.

The penalties for either of these offenses is imprisonment with or without hard labor, for up to five years and/or a fine of up to $5,000. A second or subsequent conviction carries a penalty of imprisonment, with or without hard labor, for a minimum of 1 year up to 10 years and a fine of up to $20,000. Offenders will also be required to make restitution.

If you or someone you know is facing criminal prosecution and would like to schedule a consult. Give us a call at (318) 459-9111 to schedule a meeting.

The Louisiana Legislature met in a special session at the request of Governor Landry in February and passed several new laws impacting the criminal justice system.

Undoing an extensive number of changes made during the previous governor’s tenure, as of August 1, 2024, no defendant serving a sentence for an offense committed on or after August 1, 2024, is entitled to earn good time, with a limited number of exceptions:

• Individuals serving a sentence for a felony conviction (not a sex offense or an offense pursuant to a habitual offender prosecution) in parish prison or a department of corrections facility are eligible to earn up to 15% off their sentence. The balance of their sentence, upon release, must be served on “unsupervised parole”.

Louisiana Code of Criminal Procedure Article 893 has been amended to extend the maximum term of probation from three years to five years.

With regard to probation, many changes were made with regard to “technical” violations and administrative revocations, as well as the requirements for eligibility for technical violations. La C.Cr.P. Art. 900.

If you or someone you know is facing criminal prosecution and you would like to schedule a consult, give us a call at (318) 459-9111 to schedule a consultation.

The Louisiana Legislature met in a special session at the request of Governor Landry in February and passed several new laws impacting the criminal justice system.

The Louisiana Legislature enacted legislation that effectively does away with parole entirely in the State of Louisiana effective for offenses committed on or after August 1, 2024. (Note: there are a few exceptions for juveniles sentenced to life without parole and a few other limited circumstances.)

For offenses committed prior to August 1, 2024, the legislature has enacted legislation that makes individuals parole eligible after serving 25% of their sentences (unless the convictions were for crimes of violence, sex offense, or a fourth or subsequent felony conviction or unless the person is eligible at an earlier date based on another statute).

At the time of making a determination about eligibility for parole, the committee may make a determination as to whether the individual is eligible for administrative sanctions.

If you or someone you know is facing criminal prosecution and you would like to schedule a consult, give us a call at (318) 459-9111 to schedule a consultation.

Effective, symbolically, on July 4, 2024, the Louisiana legislature has repealed the concealed carry permit laws. The law now states:

M. The provisions of Paragraph (A)(1) of this Section shall not apply to any person who is:

(1) eighteen years of age or older and

(2) is not prohibited from possessing a firearm under R.S. 14:95.1, or any other state or federal law.

N. Any person lawfully carrying a handgun pursuant to Subsection M of this Section shall be subject to the restrictions contained in R.S. 40:1379.3(I), (M), (N), and (O).

La. R.S. 14:95.

There are still a multitude of restrictions on carrying a firearm in Louisiana.

Louisiana Revised Statutes 14:95.1 prohibits carrying a firearm under any circumstances by individuals convicted of certain felonies.

The amendment does not affect the prohibitions contained in subsections (A)(2) through (A)(4) of La. R.S. 14:95.

Also, it is still illegal to possess a firearm while possessing controlled dangerous substances. And it is illegal to possess a firearm if so prohibited by federal law or any other state law.

Finally, it is still illegal to carry a concealed firearm under any of the following circumstances:

• While under the influence of alcohol or controlled dangerous substances (Note: “under the influence” is defined as having a blood alcohol content of .05 or more, or any confirmed presence of a controlled substance after a blood or urine test;

• In a facility, building, location, zone, or area where banned by state or federal law;

• In a law enforcement office, station, or building;

• In a detention facility, prison, or jail;

• In a courthouse or courtroom (unless you are the judge);

• In a polling place;

• In a municipal building or other public building or structure, only if that building or structure is used as the meeting place of the governmental authority or a political subdivision thereof;

• in the state capitol building;

• in an airport where prohibited by federal law;

• in a church, synagogue, mosque, or other similar place of worship;

• at a parade or demonstration for which a permit has been issued;

• at a bar, restaurant, or other retail space which has been issued a Class A permit to sell alcohol to be consumed on the premises;

• at a school, school complex, or on a school bus.

La. R.S. 40:1379.3(I), (M), (N), & (O).

Finally, a property owner or lessee may prohibit the carrying of a concealed weapon on his premises. La. R.S. 40:1379.3(O)(1). And a person carrying a concealed weapon must first obtain consent of the inhabitant of a private residence before carrying a concealed weapon inside. La. R.S. 14:1379.3(O)(2).

In keeping with these changes, the Legislature enacted La. R.S 9:2793.12, which limits the liability of “authorized person"[s]” for:

any injury, death, or loss suffered by a perpetrator when the injury, death, or loss is caused by a justified use of force or self-defense through the discharge of the handgun by the authorized person. This provision shall preclude any right of action by the perpetrator, his survivors, or his heirs.

La. R.S. 9:2793.12(B). There are exceptions to this limitation, however:

1. Acts or omissions that constitute gross negligence or intentional misconduct, or that result in a valid and final felony conviction in this state.

2. Any person without authorization pursuant to Subsection A of this Section at the time of the events giving rise to a claim.

An “authorized person” is defined as:

A.(1) …any person with a valid concealed handgun permit issued pursuant to R.S. 40:1329.1, 13279.1.1, or 1379.3, or 1379.3.2, any qualified law enforcement officer authorized to carry a concealed handgun pursuant to R.S. 4):1379.1.3 or 1379.1.4, or any person specified in R.S. 14:95(G)(3) and (4).

(2)…a reserve or active-duty member of any branch of the United States Armed Forces; a member of the Louisiana National Guard or the Louisiana Air National Guard; or a former member of any branch of the United States Armed Forces, the Louisiana National Guard, or the Louisiana Air National Guard who has been honorably discharged from service.

La. R.S. 9:2793.12.

If you or someone you know is facing criminal charges, give us a call at (318) 459-9111 to schedule a consult.

The Louisiana Legislature met in a special session at the request of Governor Landry in February and passed several new laws impacting the criminal justice system.

Taking effect on July 1, 2024, the legislature has extended the conditions for which a driver who is arrested for driving while intoxicated must be required to install an ignition interlock in their vehicle.

The legislature increased the period of suspension for a first breath test with a result over a .08 from 90 days to 6 months (unless the arrested individual is under 21). An ignition interlock is now required for reinstatement and/or hardship qualifications for any refusal, whether a first or a fifth.

Finally, and probably most consequentially, the legislature now requires the Court to order for any DWI conviction that the defendant not drive a motor vehicle unless that vehicle has been equipped with a functioning ignition interlock device. For a first conviction, this requirement would be in place for 6 months. For a second conviction, this requirement would be in place for four years.

The one positive change to the DWI laws made by the legislature this term is that installations of ignition interlock devices for submissions or refusals to breath tests can now be given credit toward installations for convictions, which means an individual will not be required to install an ignition interlock device twice to meet the requirements of both statutes.

If you or someone you know is facing criminal prosecution for a DWI and you would like to schedule a consult, give us a call at (318) 459-9111 to schedule a consultation.

The Louisiana Legislature met in a special session at the request of Governor Landry in February and passed several new laws impacting the criminal justice system.

Taking effect on July 1, 2024, the legislature modified Louisiana Code of Criminal Procedure Article 320 requiring pretrial drug testing as a condition of bail. The statute now requires that every person arrested for a drug offense or crime of violence must be drug tested within 24 hours of booking and at random testing thereafter, if the initial test is positive. Also, if positive, the individual shall then be screened for eligibility for speciality courts (i.e.: drug court, veteran’s court, etc…). The statute limits disclosure of these records to anyone except the District Attorney, defense counsel, treatment professionals affiliated with the drug court program, and the court, but shall be inadmissible in court except for the purposes of determining eligibility for specialty court admission.

The legislature also amended and enacted Louisiana Code of Criminal Procedure Articles 893 and 904 regarding the procedures for admission to specialty courts in Louisiana.

If you or someone you know is facing criminal prosecution and you would like to schedule a consult, give us a call at (318) 459-9111 to schedule a consultation.

The Louisiana Legislature met in a special session at the request of Governor Landry in February and passed several new laws impacting the criminal justice system.

Effective on March 5, 2024, the Legislature extended the prescriptive period for sex offenses under limited circumstances. Louisiana Code of Criminal Procedure Article 572 now says:

[…] prosecutions for any sex offense may be commenced beyond the time limitations set forth in this Title if the identity of the offender is established after the expiration of such time limitation through the use of a DNA profile or newly discovered photographic or video evidence.

La. C.Cr.P. Art. 572. This change requires that the out-of-time prosecution be brought within 3 years of the date on which the offender’s is identified based on the newly discovered photographic or video evidence.

If you or someone you know is facing criminal prosecution and you would like to schedule a consult, give us a call at (318) 459-9111 to schedule a consultation.

Happy first day of spring from Gilmer & Giglio!

As of August 1, 2023, the Louisiana Legislature has created a special provision for expunging first offense misdemeanor possession of marijuana convictions:

D. Notwithstanding any provision of law to the contrary, a person may file a motion to expunge his record of arrest and conviction of a misdemeanor conviction for a first offense possession of marijuana, tetrahydrocannabinol, or chemical derivatives thereof after ninety days from the date of conviction.

Louisiana Code of Criminal Procedure Article 977(D).

The fees for filing this expungement are slightly less than a regular expungement. La CCrP Art. 983(M).

This special provision will cease to be available to citizens of Louisiana on August 1, 2026. La CCrP Art. 983(M)(5).

If you or someone you know wants to know if they are eligible for an expungement under this law, give us a call at (318) 459-9111 to set up a consult.

Article 4, Section 5, Subsection (E of the Louisiana Constitution grants the Governor of the State of Louisiana the following powers:

(E) Pardon, Commutation, Reprieve, and Remission; Board of Pardons.

(1) The governor may grant reprieves to persons convicted of offenses against the state and, upon favorable recommendation of the Board of Pardons,1 may commute sentences, pardon those convicted of offenses against the state, and remit fines and forfeitures imposed for such offenses. However, a first offender convicted of a non-violent crime, or convicted of aggravated battery, second degree battery, aggravated assault, mingling harmful substances, aggravated criminal damage to property, purse snatching, extortion, or illegal use of weapons or dangerous instrumentalities never previously convicted of a felony shall be pardoned automatically upon completion of his sentence, without a recommendation of the Board of Pardons and without action by the governor.

(emphasis added).

This section of the Louisiana Constitution grants those never before convicted of a felony to automatically receive a “first offender pardon” under several circumstances:

(1) If they are convicted of a “non-violent crime”

Crimes of violence are defined in Louisiana Revised Statutes §14:2 as: “an offense that has, as an element, the use, attempted use, or threatened use of physical force against the person or property of another, and that, by its very nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense or an offense that involves the possession or use of a dangerous weapon.”

La. R.S. 14:2 further gives an enumerated list of crimes the legislature defines as “crimes of violence”:

(1) Solicitation for murder.

(2) First degree murder.

(3) Second degree murder.

(4) Manslaughter.

(5) Aggravated battery.

(6) Second degree battery.

(7) Aggravated assault.

(8) Aggravated kidnapping of a child.

(9) Aggravated or first degree rape.

(10) Forcible or second degree rape.

(11) Simple or third degree rape.

(12) Sexual battery.

(13) Second degree sexual battery.

(14) Intentional exposure to AIDS virus.

(15) Aggravated kidnapping.

(16) Second degree kidnapping.

(17) Simple kidnapping.

(18) Aggravated arson.

(19) Aggravated criminal damage to property.

(20) Aggravated burglary.

(21) Armed robbery.

(22) First degree robbery.

(23) Simple robbery.

(24) Purse snatching.

(25) False imprisonment; offender armed with dangerous weapon.

(26) Assault by drive-by shooting.

(27) Aggravated crime against nature.

(28) Carjacking.

(29) Molestation of a juvenile or a person with a physical or mental disability.

(30) Terrorism.

(31) Aggravated second degree battery.

(32) Aggravated assault upon a peace officer.

(33) Aggravated assault with a firearm.

(34) Armed robbery; use of firearm; additional penalty.

(35) Second degree robbery.

(36) Disarming of a peace officer.

(37) Stalking.

(38) Second degree cruelty to juveniles.

(39) Aggravated flight from an officer.

(40) Sexual battery of persons with infirmities.

(41) Battery of a police officer.

(42) Trafficking of children for sexual purposes.

(43) Human trafficking.

(44) Home invasion.

(45) Domestic abuse aggravated assault.

(46) Vehicular homicide, 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.

(47) Aggravated assault upon a dating partner.

(48) Domestic abuse battery punishable under R.S. 14:35.3(L), (M)(2), (N), (O), or (P).

(49) Battery of a dating partner punishable under R.S. 14:34.9(L), (M)(2), (N), (O), or (P).

(50) Violation of a protective order punishable under R.S. 14:79(C).

(51) Criminal abortion.

(52) First degree feticide.

(53) Second degree feticide.

(54) Third degree feticide.

(55) Aggravated abortion by dismemberment.

(56) Battery of emergency room personnel, emergency services personnel, or a healthcare professional.

(57) Possession of a firearm or carrying of a concealed weapon by a person convicted of certain felonies in violation of R.S. 14:95.1(D).

(58) Distribution of fentanyl or carfentanil punishable under R.S. 40:967(B)(4)(b).

(59) Distribution of heroin punishable under R.S. 40:966(B)(3)(b).

La R.S. 14:2(B). All individuals convicted of the crimes listed above will not receive a first offender pardon unless:

(2) They are convicted of “aggravated battery, second degree battery, aggravated assault, mingling harmful substances, aggravated criminal damage to property, purse snatching, extortion, or illegal use of weapons or dangerous instrumentalities” because the legislature explicitly excluded these offense and allows for first offender pardons for these convictions.

A First Offender Pardon is not like a Pardon with restoration of gun rights signed by the Governor because it does not restore an individual’s right to possess a firearm under either State or Federal law. Nor does it impact that person’s right to vote as voting rights are restored for all felons immediately upon completion of their sentence as of other legislation that was passed several years ago.

At this point, the only effect a first offender pardon appears to have is that it allows an individual to file for an expungement of a felony conviction immediately upon receiving his pardon, rather than having to wait 10 years to establish a clean record as would otherwise by required by Louisiana Code of Criminal Procedure Article 978.

If you or someone you know has received a first offender pardon and would like to know if you are eligible for an expungement, give us a call at (318) 459-9111 to set up a consult.