LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HB 450 HLS 20RS 614
Bill Text Version: REENGROSSED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: May 25, 2020 4:36 PM Author: HILFERTY
Dept./Agy.: Statewide
Subject: Provides penalties for Simple Burglary Analyst: Monique Appeaning
CRIME RE SEE FISC NOTE GF EX See Note Page 1 of 1
Provides penalties for Simple Burglary under certain circumstances
Proposed law provides that if an offender, while committing the crime of simple burglary, is armed with a firearm or, after
entering, arms himself with or possesses a firearm, the offender shall be imprisoned with or without hard labor for not less
than three nor more than twelve years.
EXPENDITURES 2020-21 2021-22 2022-23 2023-24 2024-25 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 2020-21 2021-22 2022-23 2023-24 2024-25 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 $0 $0 $0 $0 $0 $0
Annual Total $0 $0 $0 $0 $0 $0
EXPENDITURE EXPLANATION
Proposed law may result in an indeterminable impact on SGF expenditures for the Department of Public Safety and
Corrections - Corrections Services if a person is convicted of simple burglary and while committing the crime is armed with a
firearm or, after entering, arms himself with or possesses a firearm. An offender so convicted shall be imprisoned with or
without hard labor for not less than three nor more than twelve years. The number of individuals that may be charged and
convicted of simple burglary while armed or possessing a firearm rather than similar crimes such as simple burglary or
aggravated burglary is unknown, and the expenditure impact is therefore indeterminable. Criminal charges are filed at the
discretion of the district attorney after reviewing the facts of the crime and analyzing all related and contributing factors.
SGF expenditures will change by $67.44 per offender per day if an offender is housed in a state facility or $26.39 for a state
offender housed in a local facility. An offender sentenced to the custody of the Department of Public Safety and Corrections -
Correction Services for one year would change SGF expenditures by $24,615.60 ($67.44 per day x 365 days) if housed in a
state facility and $9,632.35 ($26.39 per day x 365 days) if housed in a local facility. Approximately 50% of state offenders
are housed in state facilities and approximately 50% are housed in local facilities.
For informational purposes, imprisonment penalties for simple and aggravated burglary are provided below:
Present law provides that simple burglary is the unauthorized entering of any dwelling, vehicle, watercraft, or other
structure, movable or immovable, or any cemetery, with the intent to commit a felony or any theft therein, other than as set
forth in R.S. 14:60. Present law provides for a maximum imprisonment term of twelve years for simple burglary with or
without hard labor.
Present law provides that aggravated burglary is the unauthorized entering of any inhabited dwelling, or of any structure,
water craft, or movable where a person is present, with the intent to commit a felony or any theft therein, under any of the
following circumstances: (1) if the offender is armed with a dangerous weapon, (2) if, after entering, the offender arms
himself with a dangerous weapon, (3) if the offender commits a battery upon any person while in such place, or in entering
or leaving such place. Present law provides for a maximum imprisonment term of thirty years at hard labor.
REVENUE EXPLANATION
There is no anticipated direct material effect on governmental revenues as a result of this measure.
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 Evan Brasseaux
6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Staff Director


Statutes affected:
HB450 Engrossed: 14:62(B)
HB450 Reengrossed: 14:62(B)