I would appreciate confirmation that the text below (relatively short)
correctly represents a new Louisiana law regarding justifiable homicide / car
jacking. Please e-mail me at jcrivell@packet.net. Thank you very much. -
Julie
Regular Session, 1997
HOUSE BILL NO. 11
ENROLLED
BY REPRESENTATIVES BRUNEAU, CLARKSON, POWELL, SCHNEIDER, WINDHORST, A.
ALEXANDER, BOUDOIN, BRUCE, BRUN, CRANE, DANIEL, DEVILLE, DOERGE, DONELON,
DUPRE, DURAND, FONTENOT, FORSTER, FRITH, FRUGE, GAUTREAUX, HILL, ILES, JENKINS,
KENNARD, LANCASTER, LEBLANC, MARTINY, MCCALLUM, MCDONALD, MCMAINS, MONTGOMERY,
ODINET, PERKINS, PINAC, ROMERO, SALTER, SCALISE, SHAW, JACK SMITH, JOHN SMITH,
STELLY, THOMAS, THORNHILL, TOOMY, TRAVIS, TRICHE, VITTER, WALSWORTH, WARNER,
WESTON, WIGGINS, WILLARD-LEWIS, WINDHORST, WINSTON, AND WRIGHT AND SENATORS
BEAN, BRANCH, CASANOVA, DEAN, GREENE, HAINKEL, HOLLIS, JORDAN, LANDRY, LENTINI,
ROMERO, SCHEDLER, AND SHORT
AN ACT
To amend and reenact R.S. 14:20(3) and (4), relative to justifiable homicide;
to provide that a homicide is justifiable when committed against a person who
is attempting to make an unlawful entry into a motor vehicle or who is believed
to be using unlawful force against a person present in a motor vehicle; and to
provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1. R.S. 14:20(3) and (4) are hereby amended and reenacted to read as
follows:
20. Justifiable homicide
A homicide is justifiable:
* * *
(3) When committed against a person whom one reasonably believes to be likely
to use any unlawful force against a person present in a dwelling or a place of
business, or when committed against a person whom one reasonably believes is
attempting to use any unlawful force against a person present in a motor
vehicle as defined in R.S. 32:1(40), while committing or attempting to commit a
burglary or robbery of such dwelling, business, or motor vehicle. The homicide
shall be justifiable even though the person does not retreat from the
encounter.
(4) When committed by a person lawfully inside a dwelling, a place of business,
or a motor vehicle as defined in R.S. 32:1(40), against a person who is
attempting to make an unlawful entry into the dwelling, place of business, or
motor vehicle, or who has made an unlawful entry into the dwelling, place of
business, or motor vehicle, and the person committing the homicide reasonably
believes that the use of deadly force is necessary to prevent the entry or to
compel the intruder to leave the premises or motor vehicle. The homicide shall
be justifiable even though the person committing the homicide does not retreat
from the encounter.
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