House Bill No. 102 introduces the crime of second degree cruelty to the elderly and persons with infirmities in Louisiana. This legislation amends existing laws to include this new offense as a crime of violence and as a predicate felony for first and second degree murder. The bill defines second degree cruelty as the intentional or criminally negligent mistreatment or neglect by any person or caregiver that results in serious bodily injury to an elderly individual or a person with an infirmity. It also outlines the roles of caregivers and provides an affirmative defense for those who administer treatment in accordance with recognized spiritual healing methods.

The proposed law establishes penalties for violations, which include imprisonment at hard labor for up to 40 years. The bill retains existing definitions and provisions related to first and second degree murder while integrating the new offense into the legal framework. Additionally, it clarifies the affirmative defense for caregivers, ensuring that those who provide spiritual treatment are not automatically deemed negligent. Overall, this legislation aims to enhance protections for vulnerable populations, specifically the elderly and those with infirmities, by imposing stricter penalties for mistreatment.

Statutes affected:
HB102 Engrossed: 14:30(A)(1), 14:1(A)(2)