Criminal Justice

HB 808 (Louisiana) amends criminal law to define and penalize intentional HIV exposure without consent. It makes it a crime to knowingly transmit HIV through sexual contact, sharing needles without consent, or other contact posing a "substantial likelihood of transmission" (defined as contact with blood, semen, or vaginal fluid with significant medical risk). The bill specifies higher penalties for exposing first responders (fines up to $6,000, 11 years imprisonment) and includes affirmative defenses if the victim knew of the HIV status and consented, or if medical advice confirmed non-infectious status with disclosure. It also explicitly classifies this offense as a "sex offense" under Louisiana law for sentencing purposes. The bill does not criminalize low-risk conduct, as clarified in Section E.

SB 46 creates a new criminal offense for operating an unlicensed group home in Louisiana. It directly affects individuals or entities managing homes that house two or more non-related people needing daily living assistance, without proper state or local licensing. The bill defines key terms (like "operator" and "unlicensed group home") and sets tiered penalties: fines up to $1,000 or 6 months in jail for basic violations; up to $10,000 or 10 years in prison (with 1 year mandatory) for conditions causing harm; and 5-40 years in prison (with 3 years mandatory) if conditions contribute to a resident's death. These penalties are triggered by specific evidence of control, such as power of attorney over residents' assets or handling their government benefits.

SB 51 creates a new criminal offense for falsely claiming military service or awards to gain benefits. It directly affects individuals who lie about receiving military honors (like medals or service records) to obtain economic advantages, veteran benefits, or privileges. The bill establishes tiered penalties: up to $1,000 or 6 months in jail for basic false claims, up to $5,000 or 1 year for falsely claiming major awards (e.g., Medal of Honor), and up to $10,000, 5 years in prison, or restitution for fraud that secures benefits reserved for veterans or their families. Definitions clarify that "award" includes medals, ribbons, and official service records maintained by military or state forces.

HB 336 establishes new rules for inmates seeking post-conviction relief after federal habeas corpus proceedings are stayed to allow exhaustion of state remedies. It requires petitioners to submit unexhausted claims to Louisiana state district courts within 30 days, proving they had good cause for not raising the claim earlier, that the claim isn't frivolous, and they avoided delaying tactics. Applications failing to meet these requirements face automatic dismissal. The bill mandates expedited review by state courts and prioritized handling by the Louisiana Supreme Court for these claims.