House Bill No. 133, introduced by Representative Newell, seeks to amend existing laws concerning battery offenses against school employees and students in Louisiana. The bill imposes stricter penalties for aggravated battery and second-degree battery when the victim is a school employee or student, requiring offenders to serve a minimum of six months without the possibility of parole, probation, or suspension if they were aware of the victim's status. It also defines "school employee" and "student," and stipulates that cases involving offenders under 17 will be processed under the Children's Code. Additionally, the bill modifies penalties for student-perpetrated battery, reducing the maximum fine from $5,000 to $1,000 and the maximum imprisonment from one year to six months for non-serious bodily injury cases, while maintaining harsher penalties for serious bodily injury.

The bill further clarifies that serious bodily injury must result from battery against a school teacher, rather than just requiring medical attention. It mandates evaluations for student offenders who have not been previously assessed for developmental disabilities and requires participation in court-approved counseling programs, with costs borne by the child or their guardians. Notably, the bill removes the requirement for mandatory commitment without probation or suspension for battery of a teacher, allowing for potential modifications after specified time periods. Overall, the bill aims to enhance protections for school employees and students while establishing clear guidelines for handling offenses involving minors.

Statutes affected:
HB133 Original: 14:3(A)
HB133 Engrossed: 14:34(B), 14:1(B), 14:3(A)