Creates the crime of obstruction of a legislative proceeding (OR SEE FISC NOTE GF EX)
Creates the crime of obstruction of a legislative proceeding (OR SEE FISC NOTE GF EX)
HB 144 Original 2026 Regular Session Glorioso
Abstract: Creates the crime of obstruction of a legislative proceeding and provides with respect to penalties and venue.
Proposed law creates the crime of obstruction of a legislative proceeding and provides that this offense is committed when the offender has knowledge that such act has, reasonably may, or will affect an actual or potential present, past, or future legislative proceeding through any of the following:
(1) Impeding the due and proper administration of any legislative proceeding or the due and proper exercise of the power of inquiry under which any inquiry or investigation is conducted by either house of the legislature.
(2) Using or threatening force toward the person or property of a legislator with the specific intent to do any of the following:
(a) Hinder, delay, or prevent the legislator from attending or participating in a legislative proceeding.
(b) Influence the conduct of the legislator in a legislative proceeding.
Proposed law provides for penalties as follows:
(1) Imprisonment for not more than six months.
(2) If the violation results in an injury that requires medical attention, imprisonment with or without hard labor for not less than one year nor more than three years.
Proposed law defines the term "legislative proceeding".
Present law (C.Cr.P. Art. 62) provides for authority of the attorney general relative to supervision of district attorneys in the state of La.
Proposed law generally retains present law.
Present law authorizes the attorney general, with the consent of the district attorney, to investigate, prosecute, or intervene in any criminal action or proceeding involving a homicidal death, if deemed necessary for the assertion or protection of the rights and interests of the state and in accordance with present law (Const. Art. IV, Sec. 8).
Proposed law amends present law to include any criminal action or proceeding involving obstruction of a legislative proceeding. Otherwise retains present law.
Present law (C.Cr.P. Art. 611) provides that the venue for a trial is where the offense is committed.
Proposed law retains present law and provides that if the offender is charged with the crime of obstruction of a legislative proceeding, the offense is deemed to have been committed in any of the following:
(1) The parish of the underlying actual or potential present, past, or future criminal proceeding or investigation.
(2) The parish where any act or element constituting the basis for the obstruction of a legislative proceeding prosecution occurred.
(3) East Baton Rouge Parish.
(Amends C.Cr.P. Art. 62(C); Adds R.S. 14:130.2 and C.Cr.P. Art. 611(D)(3))