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2005 Regular Session Highlights
Public Safety
by: Alan Miller
(225) 342-2115
DRUGS AND ALCOHOL
Senate Bill 24 by Senator Cain (Act 494) seeks to restrict the
availability and sale of substances used to manufacture methamphetamine. The
bill will require all dealers of anhydrous ammonia to inspect their customers'
tanks and receptacles and to place an inspection sticker of authorization on
such tank or receptacle. The bill also creates the crime of unauthorized
possession of anhydrous ammonia. Under the bill, pharmacies and other retail
establishments will be restricted in the amount of pseudoephedrine, ephedrine or
phenylpropanolamine sold to a single customer. The establishment must also
comply with restrictions regarding the placement of such products in the store.
Senate Bill 157 by Senator Chaisson (Act 497) seeks to give judges
more discretion in the sentencing of multiple DWI offenders by removing the
requirement that the judge suspend the vast majority of the sentence. Currently,
a person convicted of a third offense DWI is required to serve only 30 days of a
sentence of up to five years, with the remainder of the sentence being suspended
and the offender being placed on supervised probation. A person convicted of a
fourth or subsequent offense DWI is required to serve only 60 days of a sentence
of up to thirty years, with the remainder of the sentence being suspended and
the offender being placed on supervised probation. The bill doesn't change but
clarifies certain requirements regarding home incarceration and substance abuse
treatment when a portion of the sentence is suspended.
House Bill 101 by Representative Tank Powell (Act 165) seeks to add
additional penalties to minors convicted of purchasing or possessing alcoholic
beverages, and persons convicted of purchasing alcoholic beverages on behalf of
minors, by authorizing a judge to suspend the offender's driver's licences for
180 days.
NOTIFICATION
Senate Bill 318 by Senator Jones (Act 503) seeks to expand the current
notification provisions when a person convicted of a sexual offense is paroled,
placed on work release, furlough or has escaped. Currently, the Department of
Public Safety and Corrections is required to notify the chief of police of the
municipality and the sheriff of the parish where the inmate will reside, as well
as the victim of the crime and the witnesses who testified at trial in writing
regarding the whereabouts of the inmate. Under this bill, all day care centers,
elementary schools, middle schools, and high schools located within a one mile
radius of the inmate's new residence must also be given notice.
Senate
Bill 318 also seeks to require the Department of Public Safety and
Corrections and the Department of Social Services to jointly institute a
pre-Amber Alert action plan to prevent child abductions and provide for
dissemination of materials with a description of the child in the event of an
abduction.
House
Bill 88 by Representative Jane Smith (Act 163) seeks to require persons
convicted of acts of violence against peace officers to register with local law
enforcement agencies within ten days of establishing residency in Louisiana or
upon release from confinement. The Bureau of Criminal Identification will also
maintain a central registry of offenders who commit acts of violence against
peace officers.
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