A bill proposed by a lawmaker and former police officer in Louisiana aims to criminalize approaching a police officer within 25 feet while they are engaged in law enforcement duties. Under this legislation, such an action would be classified as a misdemeanor offense.
Last year, a similar proposal was approved by legislators, but it was ultimately vetoed by then-Governor John Bel Edwards. If the current bill successfully passes through the Legislature, Governor Jeff Landry is expected to sign it.
House Bill 173, written by Rep. Bryan Fontenot, R-Thibodaux, moved forward on Tuesday from the House Committee on the Administration of Criminal Justice without any opposition.
“When law enforcement officers find themselves in the midst of an altercation while attempting to make an arrest, it becomes one of the most intense moments of their job. The presence of a violent subject adds to the complexity and danger of the situation,” Fontenot explained to the committee. “During these critical moments, officers are understandably concerned about their safety, especially when individuals approach and close in on them.”
Fontenot, a former officer with the Lafourche Parish Sheriff’s Office and the Thibodaux Police Department, acknowledges the increasing prevalence of cellphone videos as a means to hold police accountable. He believes that it is reasonable to maintain a distance of 25 feet to ensure high-quality video footage. Additionally, this distance allows officers to effectively respond with lethal force if faced with an individual wielding a knife, as substantiated by testing conducted at police academies.
Fontenot’s revised bill introduces a significant change compared to the previous year’s version. Under this new proposal, police officers would be required to explicitly instruct individuals to either stop approaching or retreat. Failure to provide clear instructions would serve as a valid defense for the accused.
Terry Landry Jr., from the Southern Poverty Law Center Action Fund, voiced his opposition to the legislation, stating that it is unnecessary since current laws adequately address any interference with police activity.
“We’re manufacturing a problem where there isn’t one. We’re generating more crime when we already have sufficient criminal activities listed in Louisiana,” Landry expressed. He believes that if someone is working to ensure that justice is served, we should be supportive rather than discouraging their efforts.”
Stephanie Willis, from the ACLU of Louisiana, expressed her opposition to the bill, emphasizing that citizens equipped with cellphones can play a crucial role in exonerating law enforcement officers who are accused of misconduct.
Violators of Fontenot’s bill could face penalties such as imprisonment for up to 60 days and a potential fine of up to $500.
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The committee made progress on several bills on Tuesday, advancing a dozen of them. It is worth mentioning that all of these bills, except those specifically mentioned, were approved without any objections.
House Bill 97, introduced by Rep. Dixon McMakin, R-Baton Rouge, aims to modernize Louisiana’s legislation on panhandling and begging near highways and streets. The proposed bill explicitly prohibits the exchange of any valuable items, such as cash or coins. However, it is important to note that this legislation does not impact those individuals collecting money for charitable causes.
Sarah Whittington from the Justice and Accountability Center expressed her opposition to the legislation, arguing that it constituted state interference in a local issue. Meghan Garvey, representing the Louisiana Association of Defense Attorneys, pointed out that previous laws addressing panhandling had been deemed unconstitutional by federal courts.
House Bill 202, proposed by Rep. Kim Carver, R-Mandeville, aims to establish a state crime of theft of U.S. Postal Service mail. Although this offense is already considered a federal offense, Carver argues that federal prosecutors are too overwhelmed to effectively address the extent of the problem. Carver specifically highlights issues in his area concerning criminals breaking into mail drop boxes. Under this legislation, a first offense could result in a maximum prison sentence of five years and a fine of up to $5,000. Subsequent offenses may carry penalties of up to ten years in prison and fines of up to $20,000.
The Louisiana Bankers Association is in favor of Carver’s bill, as they highlight the continuous issue of check fraud.
House Bill 205, sponsored by Rep. Brian Glorioso, R-Slidell, aims to expand the state’s racketeering law by incorporating nine additional offenses. These new crimes include inciting to riot, injury by arson, simple arson of a religious building, manufacturing and possessing delayed incendiary devices, manufacturing and possessing bombs, aggravated criminal damage to property, criminal damage to historic buildings or landmarks through defacing with graffiti, and criminal damage to critical infrastructure.
In a 9-4 vote, the change was approved, enabling prosecutors to categorize these offenses as organized crime or gang activity.
Louisiana Progress, the Louisiana Association of Criminal Defense Lawyers, and the ACLU of Louisiana expressed their opposition to the legislation, as they were concerned about its broad interpretation and the potential impact it could have on First Amendment rights. Peter Robins-Brown, representing Louisiana Progress, raised concerns about the expanded law being used to suppress legitimate and peaceful political or labor protests.
Rep. Debbie Villio, a representative from Kenner, presents a in the Louisiana House Chamber.
House Bill 211, proposed by Rep. Debbie Villio, R-Kenner, aims to modernize Louisiana’s existing legislation on credit card skimming. The bill seeks to expand the definition of skimming devices to include those capable of reading microchip cards. Additionally, the bill proposes stricter penalties for repeat offenders, lowering the threshold for more severe punishment from the third offense to the second offense. This would result in prison sentences ranging from one to 10 years and fines of up to $20,000. Furthermore, Villio’s proposal aims to eliminate the current restitution exceptions that are in place for indigent defendants.
House Bill 212, introduced by Rep. Beau Beaullieu, R-New Iberia, aims to enhance victim notification procedures. Under this bill, victims will be informed when defendants who have been deemed not competent to stand trial or found not guilty by reason of insanity are moved to another facility, granted conditional release, or released from state custody. This important measure ensures that victims are kept informed about the status and movements of these defendants, providing them with a sense of security and allowing them to navigate the justice system with greater confidence.
House Bill 213, authored by Rep. Stephanie Hilferty, a representative from New Orleans, aims to raise the maximum prison term for negligent homicide from five years to 20 years. During the hearing, Emma Devillier, a member of the Jefferson Parish District Attorney’s Office, expressed her support for the bill by sharing a specific case involving a babysitter who was found guilty of causing the death of an infant. Due to the jury’s decision to downgrade the charge from manslaughter to negligent homicide, the judge had no choice but to sentence the babysitter to just five years in prison.
The maximum prison sentence of 20 years would be applicable in cases where a child under the age of 10 is killed. Furthermore, if a dog owner is found criminally negligent and their animal causes someone’s death, they could also face this sentence. It is important to note that Hilferty’s proposal would not apply if a dog escapes from its cage or yard, as this would likely be considered simple negligence.
According to Garvey, a member of the state defense attorney’s group, she opposed the bill as it would support a long sentence for a negligent crime. She further pointed out that the state law lacks a specific definition of negligence, which means that it is left to the discretion of prosecutors and juries to determine cases where a dog is held responsible for causing someone’s death.
According to Zach Daniels, the executive director of the Louisiana Association of District Attorneys, Hilftery’s proposed legislation would most likely be applicable in cases where a dog owner has consistently been cited for allowing a dangerous dog to freely roam, resulting in the animal causing a fatality.
House Bill 214, authored by Villio, aims to modernize the check fraud law in the state. It proposes stricter penalties for repeat offenders, including prison terms ranging from one to 10 years and fines of up to $1 million. Additionally, the bill broadens the definition of “forged” checks to encompass those that have been tampered with using solvents or altered to remove the payee’s name or modify the dollar amount. Furthermore, the proposed legislation eliminates any exemptions for indigent defendants to ensure equal treatment under the law.
House Bill 230, introduced by Hilferty, aims to temporarily halt the legal timeline for prosecutors when a convicted defendant is granted a new trial. Under the proposed legislation, the clock would pause until all avenues of review, including appellate courts and the Louisiana Supreme Court, have been exhausted by the state. Presently, state law requires the commencement of the new trial within one year of its approval by a judge.
Rep. Tony Bacala, a Republican from Prairieville, spoke passionately at the meeting of the Louisiana House Committee on Appropriations on Wednesday, April 12, 2023. He expressed his views with conviction and enthusiasm, making a strong impact on the audience. (Photo: Francis Dinh/LSU Manship School News Service)
House Bill 343, introduced by Rep. Tony Bacala, a Republican from Prairieville, aims to improve the efficiency of criminal trials in Louisiana courts. The bill seeks to establish specific standards for the timely resolution of felony cases. Initially, the proposal suggested that 75% of felony cases should be resolved within 90 days from the start of prosecution. Additionally, it aimed for 90% of cases to be concluded within 180 days and 98% within a year.
Bacala replaced that language with a new requirement: each judicial district must now submit a monthly report to the state Supreme Court. This report should include the number of criminal cases initiated and the total number of cases adjudicated from the same month of the previous year.
“We lack a baseline,” Bacala stated. “I cannot provide you with the information on whether we resolve 30% or 50% of cases within a year. However, what I can confirm is that we do not meet the national standards. Our current position is unknown.”
The original version of the bill is opposed by the Louisiana Association of District Attorneys, who express concern over prosecutors lacking sufficient manpower to fulfill its requirements.
The Experience, a group advocating for the formerly incarcerated, backs Bacala’s legislation and its focus on the importance of expediting trials for defendants.
House Bill 356, proposed by Rep. Delisha Boyd, a Democrat from New Orleans, aims to address time limitations for prosecuting third-degree rape cases where the victim is unable to resist and the perpetrator is aware of the victim’s inability to give consent. The bill introduces a crucial exception to the current state law, ensuring that the time limitations for prosecution do not begin until the victim becomes aware of the crime.
House Bill 541, proposed by Rep. Rodney Lyons, D-Marrero, aims to modify the current state law that prohibits the unauthorized dissemination of private images. If passed, the amended law would extend its application to cases where individuals acquire photographs from someone’s cellphone without their consent.
House Bill 542, authored by Vincent Cox III, a representative from Gretna, aims to enhance the penalties for red light violations that lead to accidents. Under this proposed legislation, individuals found guilty of such violations could face imprisonment for a period of six months if the accident causes injury, and up to a year if it results in a fatality.
