SFASB46 539 866 SENATE FLOOR AMENDMENTS Regular Session ENROLLEDAmendments SENATEproposed BILLbySenatorReeseto EngrossedSenateBill No.46 bySenator Reese AMENDMENT NO.

461 BYOn SENATORSpage REESE,2, ABRAHAM,at BARROW,the CLOUD,end KLEINPETER,of MIGUEZline AND12, MORRISafter AND"assets." REPRESENTATIVEadd KNOXthe ANfollowing: ACT To enact R.S.

14:93.6,"For relativepurposes toof offensesthis affectingSection, rental payments received from the healthUnited andStates safetyDepartment of personsHousing withand infirmities;tocreatethecrimeofunlawfuloperationofagrouphome;toUrban provideforDevelopment elementsand ofsecurity deposits paid pursuant to the crime;lease agreement shall not be considered assets." Page 1 of 1

to provide for definitions;

to provide for penalties;

and to provide for related matters.

Be it enacted by the Legislature of Louisiana:

Section 1.

R.S.

14:93.6 is hereby enacted to read as follows:

§93.6.

Unlawful operation of a group home A.

It shall be unlawful for any person or entity to operatean unlicensed group home.

B.

For purposes of this Section:

(1)"Affiliate"meansanypersonorentitycontractedwith,employedby, or acting in conjunction with an operator.

(2)"Nonrelatedindividuals"meanstwoormoreindividualswhoarenot related by consanguinity, marriage, or adoption.

(3) "Operator" means any person or entity that owns or manages an unlicensed group home in any manner.

(4) "Residents" means nonrelated individuals who reside in a single dwelling and receive assistance with the activities of their daily living.

(5) "Unlicensed group home" means any residence not licensed or permittedbyanystateorlocallicensingorpermittingauthoritythathousestwo or more residents over whom the operator exercises control in any manner, or control over the residents' assets.

A showing that the operatoror an affiliate of the operator has obtained power of attorney over any resident's assets, is the payee or otherwise directly or indirectly receives any federal or state government benefits on behalf of any resident, or is any resident's responsible Page 1 of 2 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

46 ENROLLED party, responsible representative, or representative payee on any government benefit received on behalf of the resident, is sufficient to prove the operator exercises control over the resident or his assets.

For purposes of this Section, rental payments received from the United States Department of Housing and UrbanDevelopmentandsecuritydepositspaidpursuanttotheleaseagreement shall not be considered assets.

C.

Whoever violates this Section shall be sentenced as follows:

(1) If the conditions in the unlicensed group home would not lead to unjustifiable pain or suffering, the offender shall be fined not more than one thousand dollars, or imprisoned for not more than six months, or both.

(2)Wheretheconditionsintheunlicensedgrouphomewouldlikelylead to or actually caused unjustifiable pain, malnourishment, or suffering while a resident resided in the home, the offender shall be fined not more than ten thousand dollars,orimprisoned,withorwithouthardlabor,fornotmorethan ten years, or both.

At least one year of the sentence imposed shall be served without the benefit of parole, probation, or suspension of sentence.

(3) Where the conditions in the unlicensed group home contributed to a resident's death, the offender shall be imprisoned, at hard labor, for not less than five years nor more than forty years.

At least three years of the sentence imposedshallbeservedwithoutbenefitofprobationorsuspension ofsentence.

PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

Page 2 of 2 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.