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ACT No. 6172026 Regular Session
HOUSE BILL NO. 133
BY REPRESENTATIVES NEWELL, BOYD, BRYANT, CARPENTER, COX, FISHER,
GREEN, DANA HENRY, ILLG, JACKSON, LAFLEUR, LARVADAIN,
MARCELLE, MARTINEZ, MILLER, MOORE, MURRAY, PHELPS, AND
TAYLOR
1 AN ACT
2 To amend and reenact R.S. 14:34.3(A), (B)(introductory paragraph), and (C), and Children's
3 Code Article 897.1(D) through (G) and to enact R.S. 14:34.3(B)(4) and Children's
4 Code Article 897.1(H), relative to assault and battery; to provide for definitions; to
5 provide relative to the crime of battery of a school teacher; to provide for penalties;
6 to provide for the disposition of certain offenders; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 14:34.3(A), (B)(introductory paragraph), and (C) are hereby amended
9 and reenacted and R.S. 14:34.3(B)(4) is hereby enacted to read as follows:
10 §34.3. Battery of a school teacher
11 A. Battery of a school teacher is a battery committed without the consent of
12 the victim when the offender has reasonable grounds to believe the victim is a school
13 teacher acting in the performance of employment duties or when the battery was
14 committed because of the status of the victim as a school teacher.
15 B. For the purposes of this Section, the following terms have the following
16 meanings:
17 * * *
18 (4) "Developmental disability" has the same meaning as provided in R.S.
19 28:451.2.
20 C. Whoever commits the crime of battery of a school teacher shall be
21 punished as follows:
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1 (1)(a) If the battery was committed by a offender is a student, upon
2 conviction and the battery does not cause serious bodily injury, the offender he shall
3 be fined not more than five one thousand dollars or imprisoned for not less than
4 thirty days nor more than one year six months. At least seventy-two hours of the
5 sentence imposed shall be imposed served without benefit of suspension of sentence.
6 (b) If the offender is a student and the battery causes serious bodily injury,
7 he shall be fined not more than five thousand dollars or imprisoned with or without
8 hard labor for not less than thirty days nor more than one year. At least seventy-two
9 hours of the sentence imposed shall be served without benefit of suspension of
10 sentence.
11 (2) If the battery was committed by someone who offender is not a student,
12 regardless if the battery causes serious bodily injury, the offender he shall be fined
13 not more than five thousand dollars or imprisoned with or without hard labor for not
14 less than one year nor more than five years, or both. At least six months of the
15 sentence imposed shall be served without benefit of parole, probation, or suspension
16 of sentence.
17 (3) If the battery produces an injury that requires medical attention, the
18 offender shall be fined not more than five thousand dollars or imprisoned with or
19 without hard labor for not less than one year nor more than five years, or both.
20 Section 2. Children's Code Article 897.1(D) through (G) are hereby amended and
21 reenacted and Children's Code Article 897.1(H) is hereby enacted to read as follows:
22 Art. 897.1. Disposition after adjudication of certain felony-grade delinquent acts
23 * * *
24 D.(1) After adjudication of a felony-grade delinquent act based upon R.S.
25 14:34.3, battery of a school teacher, the court shall commit the child to the custody
26 of the Department of Public Safety and Corrections, or to the custody of a secure
27 public or private institution, to be confined in secure placement for not less than six
28 months without benefit of probation or suspension of imposition or execution of
29 sentence.
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1 (2) In addition to the penalties provided in Subparagraph (1) of this
2 Paragraph, the court shall impose a requirement that the child participate in a
3 court-approved counseling program which may include anger management, abusive
4 behavior intervention groups, or any other type of counseling deemed appropriate by
5 the court. Any costs associated with the counseling program shall be borne by the
6 child or a parent, tutor, guardian, or other person who is financially responsible for
7 the care of the child.
8 D. E. Juveniles confined in secure placement for an adjudication as set forth
9 in Paragraph C of this Article shall be eligible for modification after serving
10 twenty-four months of the disposition or if the disposition is less than thirty-six
11 months, one-half of the disposition.
12 E. F. A motion for modification of a disposition shall be filed pursuant to
13 Article 910 et seq. and a contradictory hearing shall be set no sooner than thirty days
14 from the date of notice to the district attorney. To grant a motion for modification
15 of disposition, the court must find that the child poses a reduced risk to the
16 community based on the following considerations:
17 (1) The child has a favorable progress report from the placement facility.
18 (2) The child meets one of the following work or self-improvement criteria:
19 (a) Has attained a high school diploma or equivalent.
20 (b) Is actively participating in workforce training or a certification program
21 and is in good standing as evidenced by grades and behavior notes submitted by the
22 child's instructors.
23 (3) The child has obtained a low-risk designation as determined by a valid
24 risk assessment procedure approved by the office of juvenile justice.
25 (4) The recommendation of the office of juvenile justice.
26 (5) A reentry plan that includes an appropriate placement to conduct
27 supervision and achieve aftercare goals.
28 (6) Any additional evidence provided by the child, the state, or the office of
29 juvenile justice.
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1 F. G. At least six months prior to the release of the child, the department
2 shall prepare an individualized and thorough transitional plan that identifies the
3 techniques, programs, personnel, and facilities that will be used to assist the child in
4 achieving a successful return to his family and the community. A copy of the
5 transitional plan shall be mailed to the court that ordered the disposition of
6 commitment.
7 G. H. The provisions of this Article shall apply to all children in the custody
8 of the Department of Public Safety and Corrections, office of juvenile justice, on or
9 after August 1, 2018.
10 Section 3. The Louisiana State Law Institute is hereby authorized and directed to
11 renumber the Paragraphs of R.S. 14:34.3(B) so as to properly place R.S. 14:34.3(B)(4) as
12 enacted by this Act.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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