HB 133 — CRIME/BATTERY: Provides relative to certain battery offenses against school employees (EN SEE FISC NOTE GF EX)

(b) ExceptasprovidedinSubparagraph(c)ofthisParagraph,iftheoffenderIf the offender is a student and the battery causes serious bodily injury, he shall be fined not more than fivethousanddollarsfive thousand dollars or imprisoned with or without hard labor for not less than thirtythirtydays days nor more than one year.

At least seventy-two hours of the sentence imposed shall be imposedserved without benefit of suspension of sentence.

(c)(i)(2) ExceptIf asthe providedbatterywas incommitted Itemby (ii)someone ofwho thisoffender Subparagraph,is ifnot the offenderis a studentstudent, whoregardless isif under the agebattery ofcauses seventeen,serious thebodily dispositioninjury, of the matteroffender he shall be governedfined exclusivelynot bymorethanfivethousanddollarsorimprisonedwith theorwithout provisionshardlaborfor ofnot Titleless VIIIthan ofone theyear Children'snor Code.more than five years, or both.

(ii)At Ifleast thesix offendermonths is a student who suffers from a developmental disability, regardless if the disabilitywas previouslydocumented, the disposition of the mattersentenceimposedshallbeservedwithoutbenefitofparole,probation,orsuspension shall be governed exclusivelybythe provisions of Titlesentence. VIII of the Children's Code pertaining to adjudication and disposition for misdemeanor-grade offenses.

(iii) If the offender is a student who has not previously been evaluated for a developmental disability, the court shall order an evaluation of the offender to assist the court in determining the proper disposition of the offender.

(2) If the batterywas committed bysomeone who offender is not a student, regardless if the battery causes serious bodily injury, the offender shall be fined not morethanfivethousanddollarsorimprisonedwithorwithouthardlaborfornotless than one year nor more than five years, or both.

Disposition after adjudication of certain felony-grade delinquent acts * * * PageD.(1) 4After adjudication of 9a CODING:felony-grade delinquent act based upon R.S.

14:34.3, batteryof a school teacher, the court shall commit the child to the custody of the Department of Public Safety and Corrections, or to the custody of a secure public or private institution, to be confined in secure placement for not less than six months without benefit of probation or suspension of imposition or execution of sentence.

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HLS 26RS-713 ENGROSSED HB NO.

133 D.(1)ENROLLED After(2) adjudicationIn addition to the penalties provided in Subparagraph (1) of this Paragraph, the court shall impose a felony-graderequirement delinquentthat actthe basedchild uponparticipate R.S.in a court-approvedcounselingprogramwhichmayincludeangermanagement,abusive behaviorinterventiongroups,oranyothertypeofcounselingdeemedappropriateby the court.

14:34, aggravated battery, when the victim is a student or school employee;

R.S.

14:34.1, second degree battery, when the victim is a student or school employee;

or R.S.

14:34.3, battery of a school teacher, the court shall commit the child to the custody of the Department of Public Safety and Corrections, or to the custody of a secure public or private institution, to be confined in secure placement for not less than six months without benefit of probation or suspension of imposition or execution of sentence.

(2) In addition to the penalties provided in Subparagraph (1) of this Paragraph, the court shall impose a requirement that the child participate in a court-approvedcounselingprogramwhichmayincludeangermanagement,abusive behaviorinterventiongroups,oranyothertypeofcounselingdeemedappropriateby the court.

JuvenilesJuvenilesconfined confined in securesecureplacementforanadjudicationassetforth placement for an adjudication as set forth in Paragraph C of this Article shall be eligible for modification after serving twenty-four months of the disposition or if the disposition is less than thirty-six months, one-half of the disposition.

E.F.E.

AF. motion for modification of a disposition shall be filed pursuant to Article910 etseq.andacontradictoryhearingshall besetno sooner thanthirtydays from the date of notice to the district attorney.

A motion for modification of a disposition shall be filed pursuant to Article910 etseq.andacontradictoryhearingshall besetnosoonerthanthirtydays from the date of notice to the district attorney.

(2) The child meets oneofone of the following work or self-improvement criteria:

Page(b) 5Is ofactivelyparticipating 9in CODING:workforce training or a certification program and is in good standing as evidenced bygrades and behavior notes submitted bythe child's instructors.

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HLS 26RS-713 ENGROSSED HB NO.

133 (b) Is activelyparticipating in workforce training or a certification program and is in good standing as evidenced bygrades and behavior notes submitted bythe child's instructors.

F.G.Page 3 of 4 CODING:

Atleastsixmonthspriortothereleaseofthechild,thedepartmentshallWordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored prepareare anadditions. individualized and thorough transitional plan that identifies the techniques, programs, personnel, andfacilitiesthatwill beused to assist the child in achieving a successful return to his family and the community.

HB NO.

133 ENROLLED F.

G.

At least six months prior to the release of the child, the department shall prepare an individualized and thorough transitional plan that identifies the techniques,programs,personnel,andfacilitiesthat will be used to assist the child in achieving a successful return to his family and the community.

G.H.G.

TheH. provisions of this Article shall applyto all children in the custody of the Department of Public Safetyand Corrections, office of juvenile justice, on or after August 1, 2018.

The provisions of this Article shall applyto allchildrenin thecustody of the Department of Public Safetyand Corrections, office of juvenile justice, on or after August 1, 2018.

DIGESTSPEAKER ThedigestprintedbelowwaspreparedbyHouseLegislativeOF Services.THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

ItconstitutesPage nopart4 of the4 legislativeCODING: instrument.

The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent.

[R.S.

1:13(B) and 24:177(E)] HB 133 Engrossed 2026 Regular Session Newell Abstract:

Provides relative to certain batteryoffenses against school employees.

Present law (R.S.

14:34 and 34.1) provides for the crimes of aggravated batteryand second degree battery.

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HLS 26RS-713 ENGROSSED HB NO.

133 Proposed law generally retains present law and does the following:

(1) Requires that at least six months of the sentence imposed for commission of these offensesbe servedwithout benefit of parole, probation, or suspension of sentence if the offender knew or should have known that the victim is a school employee or student.

(2) Provides that if the offender is a student who is under the age of 17, the disposition of the matter shall be governed exclusively by the provisions of present law (Title VIII of the Children's Code).

(3) Defines the terms "school employee" and "student".

Present law (R.S.

14:34.3) describes the crime of battery of a school teacher as a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a school teacher acting in the performance of employment duties.

Proposed law amends present law to include a battery that was committed because of the victim's status as a school teacher.

Present law provides for definitions.

Proposed law retains present law and defines the term "developmental disability".

Present law provides for penalties as follows:

(1) If the battery was committed by a student, upon conviction, a fine of not more than $5,000 or imprisonment for not less than 30 days nor more than one year with at least 72 hours of the sentence imposed without benefit of suspension of sentence.

(2) If the batterywas committed bysomeone who is not a student or produces an injury thatrequiresmedicalattention,afineofnot morethan$5,000orimprisonment with or without hard labor for not less than one year nor more than five years, or both.

Proposed law amends the present law penalty relative to a battery committed by a student to include a circumstance where the battery does not produce an injury that causes serious bodily injury.

Further changes the penalty from a maximum fine of $5,000 to $1,000 and from a maximum imprisonment term of one year to six months.

Proposedlawprovidesthatiftheoffenderisastudentandthebatteryproducesaninjurythat causesseriousbodilyinjury,thepenaltyshallbeamaximumfineof$5,000orimprisonment with or without hard labor for not less than 30 days nor more than one year with at least 72 hours of the sentence imposed without benefit of suspension of sentence.

Proposed law provides that if the offender is a student who is under the age of 17, the disposition of the matter shall be governed exclusively by the provisions of present law (Title VIII of the Children's Code).

Proposed law provides that present law (Title VIII of the Children's Code) pertaining to adjudicationand disposition formisdemeanor-gradeoffensesgovernsthe disposition ofthe matter if the offender is a student who suffers from a developmental disability, regardless if the disability was previously documented.

Proposed law requires the court to order an evaluation of the offender to assist the court in determining the proper disposition of the offender if the offender is a student who has not previously been evaluated for a developmental disability.

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HLS 26RS-713 ENGROSSED HB NO.

133 Proposedlawamendsthepresentlawpenaltyrelativetoabatterycommittedbyanonstudent to provide that, regardless if the battery produces an injury or causes serious bodily injury, the offender shall be fined not more than $5,000 or imprisoned with or without hard labor for not less than one year nor more than five years, or both.

Present law (Ch.C.

Art.

897.1) provides for the disposition of juvenile offenders after adjudication for certain felony-grade delinquent acts.

Proposed law generally retains present law.

Proposed law requires the court to commit a child to the custody of the Dept.

of Public SafetyandCorrections(0DPS&C),ortothecustodyofasecurepublicorprivateinstitution, to be confined insecureplacementfornot lessthan six months without benefit of probation or suspension of imposition or execution of sentence after adjudication for a felony-grade delinquent act based upon aggravated batteryor second degree battery, when either offense involves a victim who is a student or school employee, or battery of a school teacher.

Proposed law requires the court to impose a requirement that the child participate in a court-approvedcounselingprogramwhichmayincludeangermanagement,abusivebehavior intervention groups, or any other type of counseling deemed appropriate bythe court.

Proposed law furtherrequiresanycosts associated with the counselingprogram to be borne by the child or a parent, tutor, guardian, or other person who is financially responsible for the care of the child.

(Amends R.S.

14:34(B) and (C)(intro.

para.), 34.1(B)(intro.

para.) and (C), 34.3(A), (B)(intro.

para.), and (C) and Ch.C.

Art.

897.1(D)-(G);

Adds R.S.

14:34(C)(3) and (4), 34.1(B)(3) and (4), and 34.3(B)(4) and Ch.C.

Art.

897.1(H)) Summary of Amendments Adopted by House The Committee Amendments Proposed by House Committee on Administration of Criminal Justice to the original bill:

1.

Make technical changes.

2.

Require that at least six months of the sentence imposed for commission of an aggravated batteryor second degree batterybe served without benefit of parole, probation,orsuspension of sentenceif the offenderknew or should haveknown that the victim is a student or school employee.

3.

Provide that offenses of second degree battery or aggravated battery committed by a student who is under the age of 17 are governed exclusively by the provisions of present law (Title VIII of the Children's Code).

4.

Define the terms "student" and "developmental disability".

5.

Clarify that the battery committed on a school teacher has to produce serious bodily injury, rather than an injury that requires medical attention.

6.

Provide that an offender who is a student with a developmental disability is subject to misdemeanor delinquency proceedings pursuant to the Children's Code.

7.

Require the court to orderanevaluationofanoffenderwhois a student and who hasnotpreviouslybeenevaluatedforadevelopmentaldisabilityforthepurposes of assisting the court in determining the proper disposition of the offender.

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HLS 26RS-713 ENGROSSED HB NO.

133 8.

Removebatteryofateacherfromthelistofpresentlawfeloniesthatmandatethe commitmentofajuvenileoffenderwithoutbenefitofprobationorsuspensionof sentence, subject to modification after certain time periods.

9.

Require that a child who is adjudicated for a felony-grade delinquent act based upon either aggravated battery or second degree battery when the victim is a student or school employee or battery of a school teacher, be committed to the DPS&C, or to the custody of a secure public or private institution, for confinement in secure placement for not less than six months without benefit of probation or suspension of sentence.

10.

Require the court to impose a requirement that the child participate in a court-approved counseling program for aggravated battery or second degree battery committed under certain circumstances as well as battery of a school teacher, which may include anger management, abusive behavior intervention groups, or any other type of counseling deemed appropriate bythe court.

11.

Require any costs associated with the counseling program to be borne by the child or a parent, tutor, guardian, or other person who is financially responsible for the care of the child.

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