Adds certain gambling crimes as predicate offenses for racketeering (EG SEE FISC NOTE GF EX)
Adds certain gambling crimes as predicate offenses for racketeering (EG SEE FISC NOTE GF EX)
HB 53 enacts seven new subsections within Louisiana Revised Statutes 15:1352(A) to add specific gambling-related crimes and sports bribery to the list of predicate offenses that constitute racketeering activity under Louisiana law. The bill adds subsections (89) through (95) which designate the following as predicate offenses: gambling under R.S. 14:90, gambling in public under R.S. 14:90.2, gambling by computer under R.S. 14:90.3, gambling or wagering at cockfights under R.S. 14:90.6, gambling by electronic sweepstakes device under R.S. 14:90.7, unlawful wagering involving prohibited players under R.S. 14:90.8, and bribery of sports participants under R.S. 14:118.1. The mechanism is straightforward: by listing these offenses within the definition of racketeering activity, prosecutors gain the ability to charge defendants with racketeering under the state's racketeering statute when they commit or cause others to commit these gambling and sports-related offenses in an organized pattern.
The practical effect of this legislation reaches individuals and organizations engaged in illegal gambling operations and sports corruption schemes. Prosecutors will now be able to pursue racketeering charges against persons who commit multiple gambling offenses or who operate organized gambling enterprises, potentially resulting in more serious charges and enhanced penalties than would apply to individual gambling crimes standing alone. Law enforcement and district attorneys will gain an additional prosecutorial tool to address organized illegal gambling networks and corrupt sports betting activities, particularly those involving computer technology or electronic sweepstakes devices. Individuals charged with pattern racketeering activity based on these gambling predicates will face the enhanced criminal liability and asset forfeiture provisions associated with racketeering convictions rather than prosecution solely under individual gambling statutes.
This bill operates within Louisiana's existing racketeering statute codified in R.S. Title 15, which defines predicate offenses as the foundation for charging racketeering activity. Under Louisiana's racketeering law, a defendant must commit at least two acts of racketeering activity within a ten-year period to be prosecuted for the pattern necessary for racketeering charges. The addition of gambling offenses to the predicate list expands the universe of crimes that can serve this foundational role, bringing gambling and sports corruption into parity with other serious offenses already listed in the statute such as drug trafficking and other Title 14 felonies. The bill also directs the Louisiana Law Institute to renumber the new entries to maintain alphabetical order within the statute, a ministerial function that preserves the organizational structure of the predicate offense list.
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