LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HB 213 HLS 24RS 523
Bill Text Version: ENROLLED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: May 21, 2024 9:10 AM Author: HILFERTY
Dept./Agy.: Corrections/Sheriffs
Subject: Increased Sentences for Negligent Homicide Analyst: Daniel Druilhet
CRIME EN SEE FISC NOTE GF EX Page 1 of 1
Provides relative to the crime of negligent homicide
Current law provides that offenders convicted of the crime of negligent homicide are to be sentenced to imprisonment for not more than 5
years with or without hard labor, or fined not more than $5,000, or both; provides that if a victim of negligent homicide was killed under
the age of 10 years, the offender shall be imprisoned for no less than 2 nor more than 5 years at hard labor, with or without benefit of
probation, parole, or suspension of sentence; provides that if a victim of negligent homicide was killed by a dog or other animal, the owner
of the dog or other animal shall be imprisoned for not more than 5 years, with or without hard labor, or fined no more than $5,000, or
both. Proposed law raises the maximum sentence of imprisonment for negligent homicide, negligent homicide of a victim killed under the
age of 10 years, and negligent homicide of a victim killed by a dog or other animal to no more than 10 years imprisonment at hard labor,
without the benefit of parole, probation, or suspension of sentence; adds the requirement of criminal negligence for the sentence of the
offense of negligent homicide, wherein the victim was killed by a dog or other animal.
EXPENDITURES 2024-25 2025-26 2026-27 2027-28 2028-29 5 -YEAR TOTAL
State Gen. Fd. SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds $0 $0 $0 $0 $0 $0
Annual Total
REVENUES 2024-25 2025-26 2026-27 2027-28 2028-29 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Annual Total
EXPENDITURE EXPLANATION
Proposed law may result in an indeterminable increase in SGF expenditures in the Department of Public Safety and Corrections –
Corrections Services (DPS&C – CS) if a person is convicted of negligent homicide. Proposed law has the effect of raising the maximum
sentence of imprisonment for negligent homicide, negligent homicide of a victim killed under the age of 10 years, and negligent homicide
of a victim killed by a dog or other animal to no more than 10 years imprisonment at hard labor, without the benefit of parole, probation,
or suspension of sentence.
Proposed law may result in an indeterminable increase in SGF expenditures in the Department of Public Safety and Corrections –
Corrections Services (DPS&C – CS) if a person is convicted of negligent homicide or negligent homicide of a victim killed by a dog or other
animal. Proposed law maintains current law as a relative felony, and any impact on either local or state expenditures is contingent on
whether offenders sustain either misdemeanor or felony-grade convictions for its violation.
For those convicted, sentenced, and then subsequently housed in a state facility, DPS&C-CS will sustain expenditures of $107.60 per
offender per day, or $26.39 per offender per day for those housed in local facilities. To the extent that offenders sustain misdemeanor
convictions for negligent homicide or negligent homicide of a victim killed by a dog or other animal, local governing authorities may incur
an increase in Local Funds expenditures. The exact fiscal impact of the passage of this legislation to local governing authorities is
indeterminable, since it is not known how many people will be convicted and incarcerated in local facilities, nor the length of the sentences
assessed with those convictions as a result of its potential enactment. The maximum imprisonment term is no more than 10 years at the
local level.
For informational purposes, the Department of Public Safety & Corrections - Corrections Services reports that for an average of 62
offenders that have been admitted annually over the last three years for the crime of negligent homicide, the average sentence imposed is
3.87 years, or 1.13 years less than the maximum sentence allowable under current law (5 years). To the extent that sentencing practices
increase the minimum sentences assessed for violation of proposed law, there may be a fiscal impact with its enactment.
REVENUE EXPLANATION
Proposed law may result in an indeterminable increase in local revenues as a result of convictions of negligent homicide, negligent
homicide of a victim killed under the age of 10 years, and negligent homicide of a victim killed by a dog or other animal. The exact fiscal
impact of the passage of this legislation on local revenue is indeterminable, as the fines that would be imposed on those convicted are
optional, and the amount of the fines imposed on those convicted may vary. The potential revenue will accrue to the local governing
authority.
Senate Dual Referral Rules House
13.5.1 >= $100,000 Annual Fiscal Cost {S & H} 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
13.5.2 >= $500,000 Annual Tax or Fee Patrice Thomas
6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Deputy Fiscal Officer
Statutes affected: HB213 Original: 14:32(C)(1)
HB213 Engrossed: 14:32(C)(1)
HB213 Reengrossed: 14:32(C)(1)
HB213 Enrolled: 14:32(C)(1)
HB213 Act : 14:32(C)(1)