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2026 Regular Session
HOUSE BILL NO. 137
BY REPRESENTATIVES MIKE JOHNSON AND CARLSON
1 AN ACT
2 To amend and reenact R.S. 14:40.1(A)(1), R.S. 15:951(E), and Children's Code Article
3 897.1(D) through (G) and to enact R.S. 14:40.1(A)(3) and (B)(3), 92.2(A)(2)(g), (h),
4 (i), and (j), R.S. 17:416.20.1 and 3996(B)(92), and Children's Code Article 897.1(H)
5 and (I), relative to the crimes of terrorizing and menacing; to provide for penalties
6 when the communication is directed toward a school; to provide relative to offenders
7 under the age of eighteen; to require school dissemination of certain information; to
8 provide relative to disposition after adjudication of certain felony-grade delinquent
9 acts; and to provide for related matters.
10 Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 14:40.1(A)(1) is hereby amended and reenacted and R.S.
12 14:40.1(A)(3) and (B)(3) and 92.2(A)(2)(g), (h), (i), and (j) are hereby enacted to read as
13 follows:
14 §40.1. Terrorizing; menacing
15 A.(1) Terrorizing is the intentional communication of information that the
16 commission of a crime of violence, as defined in R.S. 14:2(B), is imminent or in
17 progress or that a circumstance dangerous to human life exists or is about to exist,
18 with the intent of causing members of the general public to be in sustained fear for
19 their safety; or causing evacuation of a building, a public structure, or a facility of
20 transportation; or causing other serious disruption to the general public.
21 * * *
22 (3) Whoever commits the offense of terrorizing a school property, a school-
23 sponsored function, or a firearm-free zone shall be fined not more than fifteen
24 thousand dollars or imprisoned at hard labor for not less than five nor more than
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1 fifteen years without the benefit of parole, probation, or suspension of sentence, or
2 both.
3 * * *
4 B.
5 * * *
6 (3) Whoever commits the offense of menacing a school property, a school-
7 sponsored function, or a firearm-free zone shall be fined not more than one thousand
8 dollars or imprisoned with or without hard labor for not less than two years nor more
9 than five years, or both.
10 * * *
11 §92.2. Improper supervision of a minor by parent or legal custodian
12 A. Improper supervision of a minor by a parent or legal custodian, who has
13 care and control of the minor, includes any of the following:
14 * * *
15 (2) Through criminal negligence, or knowingly or willfully, permitting the
16 minor to do any of the following:
17 * * *
18 (g) Terrorize or menace a school in violation of R.S. 14:40.1.
19 (h) Communicate false information of a planned bombing on school property
20 in violation of R.S. 14:54.6.
21 (i) Regularly participate or engage in any crime of violence.
22 (j) Violate the terms or conditions of supervised release or the terms or
23 conditions of juvenile probation or parole.
24 * * *
25 Section 2. R.S. 15:951(E) is hereby amended and reenacted to read as follows:
26 §951. Back on Track Youth Pilot Program
27 * * *
28 E. For the purposes of this Section, "youth or youths" shall mean means a
29 person who has attained at least sixteen fourteen years of age and not more than
30 twenty-four years of age.
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1 Section 3. R.S. 17:416.20.1 and 3996(B)(92) are hereby enacted to read as follows:
2 §416.20.1. Information; terrorizing; Louisiana Department of Education; public
3 school distribution
4 A. The principal of each public school shall disseminate information during
5 the first five days of each school year to each student grades six and above regarding
6 the crime and consequences of terrorizing or menacing a school property, a school-
7 sponsored function, or a firearm-free zone as provided in R.S. 14:95.6. This
8 information may be incorporated into an existing orientation program. In addition
9 to each student, the information shall be provided to each student's parent or legal
10 guardian on a written form containing a signature line for each student's parent or
11 legal guardian to sign to acknowledge receipt and understanding of the information,
12 which the parent or legal guardian shall return to the school. The information
13 required by this Section shall be age and grade appropriate and shall give full
14 consideration as to whether the student is in a regular or special program of
15 education.
16 B. The Louisiana Department of Education shall develop the information
17 prescribed by this Section and provide it to each public school governing authority,
18 which shall disseminate it to each principal for this purpose.
19 * * *
20 §3996. Charter schools; exemptions; requirements
21 * * *
22 B. Notwithstanding any state law, rule, or regulation to the contrary and
23 except as may be otherwise specifically provided for in an approved charter, a
24 charter school established and operated in accordance with the provisions of this
25 Chapter and its approved charter and the school's officers and employees shall be
26 exempt from all statutory mandates or other statutory requirements that are
27 applicable to public schools and to public school officers and employees except for
28 the following laws otherwise applicable to public schools with the same grades:
29 * * *
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1 (92) Information relative to terrorizing or menacing a school property, a
2 school-sponsored function, or a firearm-free zone, R.S. 17:416.20.1.
3 * * *
4 Section 4. Children's Code Article 897.1(D) through (G) are hereby amended and
5 reenacted and Children's Code Article 897.1(H) and (I) are hereby enacted to read as
6 follows:
7 Art. 897.1. Disposition after adjudication of certain felony-grade delinquent acts
8 * * *
9 D.(1)(a) After adjudication of a felony-grade delinquent act based upon a
10 violation of R.S. 14:40.1 or R.S. 14:54.6, the court shall order the child who is
11 fourteen years of age or older at the time of the commission of the offense to any or
12 all of the following:
13 (i) A mental examination, if one has not already been conducted pursuant to
14 R.S. 17:409.5.
15 (ii) Up to twelve months probation or no more than six months commitment
16 in a juvenile detention facility pursuant to Children's Code Article 898.
17 (iii) Participation in the Back on Track Youth Pilot Program as provided in
18 R.S. 15:951.
19 (b) After adjudication of a felony-grade delinquent act based upon a
20 violation of R.S. 14:40.1 or R.S. 14:54.6, the parent, custodian, or other legal
21 guardian of the child shall be subject to a civil fine of up to five thousand dollars.
22 (2)(a) After a second or subsequent adjudication of a felony-grade delinquent
23 act based upon a violation of R.S. 14:40.1 or R.S. 14:54.6, the court shall order the
24 child who is fourteen years of age or older at the time of the commission of the
25 offense to any or all of the following:
26 (i) A mental examination, if one has not already been conducted pursuant to
27 R.S. 17:409.5.
28 (ii) Up to eighteen months probation or no more nine months commitment
29 in a juvenile detention facility.
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1 (iii) Participation in the Back on Track Youth Pilot Program as provided in
2 R.S. 15:951.
3 (b) After adjudication of a felony-grade delinquent act based upon a second
4 or subsequent violation of R.S. 14:40.1 or R.S. 14:54.6, the parent, custodian, or
5 other legal guardian shall be subject to a civil fine of not less than five thousand
6 dollars nor more than ten thousand dollars.
7 E.(1) In addition to the dispositions provided in Paragraph D of this Article,
8 the court shall conduct a hearing in accordance with Code of Criminal Procedure
9 Article 875.1 to make a determination regarding the financial ability of the child's
10 parent, legal guardian, or other person who is financially responsible for the care of
11 the child to reimburse the responding agency, local municipality, sheriff's
12 department, or any other governmental agency or political subdivision for all
13 incurred costs pertaining to the response, prosecution, or any other activities that
14 result from a violation of R.S. 14:40.1 or R.S. 14:54.6.
15 (2) If the court determines that payment in full of the aggregate amount of
16 all financial obligations imposed upon the child's parent, legal guardian, or other
17 person who is financially responsible for the care of the child would not cause
18 substantial financial hardship, the court shall order the person to reimburse the entity
19 described in Subparagraph (E)(1) of this Article.
20 D. F. Juveniles confined in secure placement for an adjudication as set forth
21 in Paragraph C of this Article shall be eligible for modification after serving
22 twenty-four months of the disposition or if the disposition is less than thirty-six
23 months, one-half of the disposition.
24 E. G. A motion for modification of a disposition shall be filed pursuant to
25 Article 910 et seq. and a contradictory hearing shall be set no sooner than thirty days
26 from the date of notice to the district attorney. To grant a motion for modification
27 of disposition, the court must shall find that the child poses a reduced risk to the
28 community based on the following considerations:
29 (1) The child has a favorable progress report from the placement facility.
30 (2) The child meets one of the following work or self-improvement criteria:
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1 (a) Has attained a high school diploma or equivalent.
2 (b) Is actively participating in workforce training or a certification program
3 and is in good standing as evidenced by grades and behavior notes submitted by the
4 child's instructors.
5 (3) The child has obtained a low-risk designation as determined by a valid
6 risk assessment procedure approved by the office of juvenile justice.
7 (4) The recommendation of the office of juvenile justice.
8 (5) A reentry plan that includes an appropriate placement to conduct
9 supervision and achieve aftercare goals.
10 (6) Any additional evidence provided by the child, the state, or the office of
11 juvenile justice.
12 F. H. At least six months prior to the release of the child, the department
13 shall prepare an individualized and thorough transitional plan that identifies the
14 techniques, programs, personnel, and facilities that will be used to assist the child in
15 achieving a successful return to his family and the community. A copy of the
16 transitional plan shall be mailed to the court that ordered the disposition of
17 commitment.
18 G. I. The provisions of this Article shall apply to all children in the custody
19 of the Department of Public Safety and Corrections, office of juvenile justice, on or
20 after August 1, 2018.
21 Section 5. This Act shall be known and may be cited as "The School Threat
Accountability and Safety Act".
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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