Legislative News
New Louisiana Bill Aims to Create the Crime of Unlawful Storage of a Firearm
March 12, 2013
New Orleans Weapons Crimes Attorney
Elizabeth B. Carpenter — Weapons and Gun Defense Attorney
The Louisiana News Bureau has just announced a proposed bill that aims to create the crime of unlawful storage of a firearm. This is House Bill 4 by Rep Norton.The proposed law provides that it is unlawful to keep or store a firearm unless it is in a locked container or is equipped with a lock to render the firearm inoperable.
The law proposes the following penalties:
First violation of a fine of not more than $300.
Second or subsequent violation of a fine of not more than $500, imprisonment for not more than six months, or both.
Proposed law creates an exception if the firearm is on the person or is in use.
With all due respect to Rep. Norton, I think that this is the most ridiculous piece of legislation. I would like to understand the purpose of it. Will this make the public safer? In light of the recent gun related tragedies in Colorado and Connecticut, I think that we are going to see a lot of proposed frivolous legislation such as this. Again, I think that this in a legislative intent to fix a symptom instead of a problem. What was the real issue in the recent massacres in Co. and Ct? The lack of sufficient funding and options for mental health treatment in this country.
If you have been accused of a gun or weapons crime in the New Orleans area, contact Elizabeth B. Carpenter to schedule a consultation. We are ready to take action and stand by your side.
New Bill Would Eradicate Mandatory Minimum Sentences For Marijuana Possession In Louisiana
March 12, 2013
New Orleans Drug Crimes Defense Attorney
Elizabeth B. Carpenter Law — New Orleans Marijuana Defense Attorney
Serving Orleans, Jefferson, St. Tammany, St. John, Baton Rouge, St. Charles, Plaquemines Parishes.
New Bill Would Eradicate Mandatory Minimum Sentences For
Marijuana Possession In Louisiana
Both the Louisiana House and Senate will reconvene for the 2013 Legislative Session in April 8, 2013. As an attorney, I subscribe to email alerts regarding legislative news. This evening I was thrilled to see a proposed bill that would eradicate mandatory minimum sentences for Marijuana Possession.
This bill is House Bill 103, sponsored by state Rep. Austin Badon, D-New Orleans. The proposed bill will lessen penalties for repeat offenders and not subject offenders to Louisiana’s Habitual Offender Law (RS La 15:529.1). This new law would also apply to synthetic cannabinoids.
I am actually opposed to the legalization of synthetic cannabinoids due to the severe health complications associated with its use. Of course, complete legalization of Marijuana would obliterate the demand for synthetic cannabinoids.
As a final thought, I think that Representative Badon is going to have a battle to fight in Baton Rouge over this new bill. The state and local governments as well as substance abuse clinics love the money that they can extort out of people who are found guilty of Marijuana Possession.
The following is a chart demonstrating the proposed changes to the law:
If you or a loved one has been charged with a Marijuana Offense in New Orleans area. Contact a New Orleans Drug Crime Attorney – Elizabeth B. Carpenter. We offer discounted fee for Marijuana Offenses!
Synthetic Drug 25I: A New Schedule I Drug
November 13, 2012
New Orleans Drug Charge Attorney
By Elizabeth B Carpenter — Drug Crime Defense Attorney New Orleans
Elizabeth B Carpenter Law is one of the premiers law firms for Drug Crime defense. We have defended almost every type of Drug Crime imaginable in South Louisiana. If you are in need of a New Orleans drug crime attorney, contact our office today.
Synthetic Drug 25I: A New Schedule I Drug
State health officials, top lawmakers and law enforcement personnel announce steps they have taken to ban a dangerous new drug, 25i, making it illegal in Louisiana.
This relatively new drug, 25i, also called Smiles or N-Bomb, has been added to the state’s Controlled Dangerous Substance Act, effective immediately. It is classified as a Controlled Dangerous Substance — Schedule I.
Simple Possession of 25I will carry a sentence of 4 to 10 years.
Manufacturing and Distribution of 25I will carry a sentence of 5 to 50 years.
Lawmakers began eyeing criminalizing the drug after an Arkansas man died last week in New Orleans after reportedly overdosing on 25i at a festival.
At least five people have died nationwide this year after taking 25i, including the man who died in Louisiana, according to officials. Other deaths reportedly occurred in Minnesota, North Dakota, California and North Carolina. Today, Louisiana becomes the second state, along with Virginia, to make 25i illegal.
Louisiana revised statute 40:962, gives State Health Officials authority to add new compounds as a Schedule I drug in the Controlled Dangerous Substance Act by rule if the substance has a high potential for abuse, has no currently accepted medical use in the U.S., and if there is no accepted safety use of the substance under medical supervision.
Officials said the synthetic drug is commonly manufactured in China and India, and is being sold in powder and liquid form online, which is how people access it in the United States.
Elizabeth B Carpenter — New Orleans Criminal Defense Attorney
DWI DUI Defense New Orleans Attorney Elizabeth B. Carpenter Discusses New DWI Laws
August 15, 2012
New Orleans DWI DUI Attorney
Elizabeth B. Carpenter, Esq. — DWI DUI Attorney New Orleans
Louisiana’s new laws regarding DWIs increase consequences for DWI offenders; attorney Carpenter offers experienced, capable representation to help combat them.
New Orleans, LA (PRWEB) August 14, 2012
Criminal defense attorney Elizabeth B. Carpenter, Esq. announced this week the expansion of herNew Orleans DWI services, citing new laws slotted to go into effect on August 1st as prompting a need for more extensive, informed representation for DWI / DUI offenders.
“Louisiana just passed a good five or six laws regarding DWIs and license suspensions, and they’re going to make it harder for attorneys to defend DWIs,” Carpenter said. “This will make it even more important to hire a highly trained and qualified DWI attorney, since only an attorney who knows all of the regulations that law enforcement is required to follow will be equipped to handle these kinds of cases.”
One of the new laws that will soon take effect states that police officers will no longer be required to appear and give testimony in administrative hearings for driver’s license suspension after they make a DWI arrest. Before, if an officer didn’t attend the hearing, the driver’s license could not be suspended; now, Carpenter says, it will be far more difficult to prevent license suspension: “Without an officer present, it’s impossible to perform a cross-examination; without a cross-examination, you can’t argue the case effectively,” she explained. “It’s going to make it extraordinarily difficult to save DWI clients from having their licenses suspended.”
A second new law states that even if a person submits to a breathalyzer test and doesn’t test over the limit, their license can be suspended if law enforcement suspects they are under the influence of marijuana or other drugs and they refuse to submit to urinalysis. Until now, urinalysis refusal was not automatic grounds for license suspension. Furthermore, penalties for a second offense DWI have also been enhanced; if a second DWI arrest occurs within one year of the first arrest, the offender will automatically be sentenced to a mandatory 30-day jail sentence.
Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath-testing machine known as the Intoxilyzer 5000—the same courses that police officers take during their own training. Her education in this field allows her to challenge the common errors that police officers make during a DWI arrest; sometimes these errors form enough evidence to have the entire case dismissed.
Calculate Your Blood Alcohol Content — BAC Calculator
July 20, 2012
New Orleans DWI DUI Attorney
Elizabeth B. Carpenter, Esq. — DWI DUI Attorney New Orleans
Serving DWI DUI Clients In Metairie, Kenner, Gretna, New Orleans, LaPlace, Hammond, Mandeville and Covington!
Legislators and law enforcement have really been cracking down on DWI / DUI in Louisiana. It is quite frightening because: 1.) We are a State that likes to enjoy our cocktails and 2.) When you do the math, it is easy to see how little alcohol is necessary to be considered legally intoxicated. All the officer needs is sufficient probable cause to pull you over.
Check out the BAC Calculator
ABOUT ATTORNEY ELIZABETH B. CARPENTER
Elizabeth B. Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath testing machine known as the Intoxilyzer 5000. These are the same courses law enforcement must take when training. This level of dedication to her practice helps her challenge the common errors that police officers make during a DWI arrest.
For more information about attorney Elizabeth B. Carpenter see her criminal defense website and her New Orleans Criminal Defense Attorney Blog. Ms. Carpenter is a skilled criminal attorney who defends against DWI charges, domestic violence charges, Drug Crime, and sex crimes, among others in the New Orleans metro area. Elizabeth B. Carpenter Law can also be followed on Facebook.
Elizabeth B. Carpenter, Esq. is an experienced New Orleans criminal defense attorney. She received her Juris Doctorate from Loyola University Law School, and is a member and supporter of theLouisiana State Bar Association, Louisiana Association for Criminal Defense Lawyers, and National Association of Criminal Defense Lawyers. Her law offices have successfully represented clients in Orleans, Jefferson, Plaquemines, St. John, St. Tammany and St. Charles Parishes. Carpenter’s mission is to provide clients with exceptional, personalized, and professional service.
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Penn State Sex Abuse Scandal Inspires New Laws In Louisiana
July 19, 2012
Criminal Defense Attorney New Orleans
Elizabeth B Carpenter — Attorney New Orleans
Penn State University sex abuse scandal has resulted in new laws in Louisiana to penalize those who fail to report allegations of child sex abuse and protect those who do.
One measure protects whistleblowers who report child sex abuse from employer retaliation, while two others penalize those who fail to report to law enforcement. A fourth adds certain classes of athletics coaches to the list of individuals required to notify authorities if they suspect child sex abuse.
Under previous Louisiana law, child care providers, members of the clergy, mental health workers, elementary and secondary school teachers and others listed in the state children’s code were required to report any abuse or neglect they encountered. But if you were an average citizen and discovered child abuse, the law did not force you to report it.
Now, no matter who you are, if you see a kid being sexually abused, you have an absolute, ironclad responsibility to report that to the legal authorities immediately
Adults who fail to report it could face up to five years in prison or a $10,000 fine if convicted. This is a felony.
One lawmaker who sponsored the measure mandating that coaches report any signs of sexual abuse has said he found the facts surrounding the Pennsylvania case so offensive that he had to come up with a way to strengthen laws that protect children.
“That’s where this piece of legislation really came from; it was a reaction to that and the desire to make sure that our laws were strong enough to protect our young people,” he said.
These laws will go into affect August 1, 2012.
Posted in Crime Related News, Legislative News, Sex Crimes | Tags: Sex Crimes Defense Attorney New Orleans | No Comments »
New DWI Law Mandates Stiffer Sentencing For Some Second Time Offenders
July 18, 2012
New Orleans DWI DUI Attorney
Elizabeth B. Carpenter, Esq. – Second Offense DWI Penalties Louisiana
Serving DWI DUI Clients In Metairie, Kenner, Gretna, New Orleans, LaPlace, Hammond, Mandeville and Covington!
On August 1, 2012, HB 47 will go into effect. This new piece of legislature provides for a mandatory 30 day sentence in Parish jail for second time offenders when the offense occurs within 1 year of the 1st. The offender will also be required to participate in a court ordered substance abuse program.
The sentence of 48 hours will remain for second time offenders who are arrested for a DWI a year or more after the first offense.
ABOUT ATTORNEY ELIZABETH B. CARPENTER
Elizabeth B. Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath testing machine known as the Intoxilyzer 5000. These are the same courses law enforcement must take when training. This level of dedication to her practice helps her challenge the common errors that police officers make during a DWI arrest.
Elizabeth B. Carpenter, Esq. is an experienced New Orleans criminal defense attorney. She received her Juris Doctorate from Loyola University Law School, and is a member and supporter of the Louisiana State Bar Association, Louisiana Association for Criminal Defense Lawyers, and National Association of Criminal Defense Lawyers. Her law offices have successfully represented clients throughout Southern Louisiana. Carpenter’s mission is to provide clients with exceptional, personalized, and professional service.
Phenazepam is now listed as a Schedule I in Louisiana — New Orleans Drug Crime Attorney
June 25, 2012
NEW ORLEANS DRUG CRIME DEFENSE ATTORNEY
Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense Attorney
Governor Bobby Jindal has signed Act 346 of the Louisiana 2012 Legislative Session. This act adds phenazepam to the list of Schedule I controlled dangerous substances.
Phenazepam is a benzodiazepine drug, which was developed in the Soviet Union and now produced in Russia and some CIS countries. Phenazepam is used in the treatment of neurological disorders such as epilepsy, alcohol withdrawal syndrome and insomnia. It can be used as a premedication before surgery as it augments the effects of anesthetics and reduces anxiety. Recently, phenazepam has gained popularity as a recreational drug; abuse has been reported in the United Kingdom, Finland, Sweden and the United States.
Elizabeth B Carpenter Law is one of the premiers law firms for Drug Crime defense. We have defended almost every type of Drug Crime imaginable in South Louisiana. When approaching a Drug Case, the first issues we examine are the client’s constitutional rights against unlawful search and seizure:
- Did the police have the right to pull our client over?,
- Did the police have the right to search our client’s home?,
- Did the police have the right to search out client’s car?
Our first goal is to try to exclude / suppress any and all evidence of a drug crime. If the evidence is suppressed, the state cannot use the evidence to convict our client. The goal in every drug crime case is to not be convicted.
If you have been arrested for Drug Possession, contact Ms. Carpenter’s office for a consultation. We want to protect your rights!
NOLA lawmaker wants harsher punishment for heroin possession, distribution
March 28, 2012
Criminal Defense Attorney New Orleans
Elizabeth B Carpenter Law — Attorney New Orleans
NOLA lawmaker wants harsher punishment for heroin possession, distribution
By Paul Purpura, The Times-Picayune
A New Orleans lawmaker proposes stiffening the penalities for possessing and distributing heroin. Democractic Sen. J.P. Morrell’s Senate Bill 66 and Senate Bill 67 would increase the mandatory minimum sentences and the sentencing ranges in laws relating to the narcotic.
File photoSen. J.P. MorrellMorrell, who also hopes to change the second-degree murder statute to include narcotics-related deaths, did not respond to an e-mail request for comment this week. The bills are among several narcotics-relatedproposals he has sponsored in the 2012 legislative session.
His SB 66 would increase the punishment for possession with intent to distribute heroin to 10 years minimum to a cap of 50 years.
The present law sets the range at five to 50 years in prison. His proposal would also double the maximum fine, up to $100,000 upon conviction.
Morrell also filed SB 67, which if becomes law would increase the penalties for possessing heroin:
- Possessing 28 grams to 200 grams would carry a punishment of eight to 45 years in prison. The present law is five to 30 years.
- Possessing 200 grams to 400 grams would carry a punishment of 15 years to 45 years. The present law sets the range at 10 to 30 years.
- Possessing 400 or more grams would carry a sentence of 24 years to 45 years of imprisonment. The present range is 15 years to 30 years.
Morrell also proposes widening the felony-murder doctrine under the state’s second-degree murder law. The punishment for second-degree murder would remain unchanged: Mandatory life in prison with no probation, parole or suspended sentence.
“The prospect of life in prison is a scary prospect,” Morrell told The Times-Picayune in January.
Second-degree murder in Louisiana is defined as the “specific intent to kill or to inflict great bodily harm.”
The law also defines second-degree murder as a death occurring during the commission of any of 15 underlying felonies. For instance, if someone dies during an armed robbery, even if the perpetrator has no intent to kill, then that person is guilty of second-degree murder.
Morrell proposes adding another underlying felony to the list: “the unlawful sale, distribution, or dispensation of heroin, methamphetamine or ‘crack’ cocaine.”
The existing underlying felonies, including attempted perpetration, are aggravated rape, forcible rape, aggravated arson, aggravated burglary, aggravated kidnapping, seond-degree kidnapping, aggravated escape, assault by drive-by shooting, armed robbery, first-degree robbery, second-degree robbery, simple robbery, cruelty to juveniles, second-degree cruelty to juveniles and terrorism.
The three bills are in judiciary committee, according to the Legislature’s web site.
Bill would require barroom bouncers to take training
March 28, 2012
Criminal Defense Attorney New Orleans
Elizabeth B Carpenter Law — Attorney New Orleans
Bill would require barroom bouncers to take training
By: Ed Anderson — Times Picayune
Baton Rouge – A Senate committee unanimously approved a bill Tuesday that would require training of bouncers and “security personnel” at bars and lounges. The Senate Judiciary B Committee sent to the Senate floor Senate Bill 234 by Sen. Gary Smith, D-Norco, that would require the bouncers to be trained under the state’s Responsible Vendor Program, which has been in place for more than a decade and requires the training of servers, bartenders and other bar personnel.
Sen. Gary Smith, D-NorcoSmith said the bill applies to liquor outlets “where alcoholic beverages are the principal commodity sold for consumption on the premises.” Smith said he filed the bill after a handful of headline-grabbing cases in the New Orleans area in which security personnel at bars were involved in violent confrontations with customers.
The bill does not spell out how many hours the security workers have to take or what the subject matter of the courses would be.
Those decisions would be made by the commissioner of the Office of Alcohol and Tobacco Control, but the course work must include “handling disruptive customers and customer altercations,” Smith said.
The bill defines security personnel as employees who “monitor the entrance and other areas of an establishment for the purposes of identifying underage and intoxicated persons, enforcing establishment rules and regulations” and providing overall security for the outlet and its customers.
“There is nothing in law to train security personnel” at bars now, Smith said. “We are seeing more and more of an increase in security personnel using excessive force” at lounges.
The bouncer or security personnel will not only have to take the regular server training course and be able to recognize when a patron is too drunk to be served, but will also be trained to handle tense situations.
“He will try to diplomatically remove someone,” said Chris Young, a lobbyist for alcoholic beverage outlets. He said the courses should include “how to prevent altercations instead of putting someone in a chokehold and dragging them out of the establishment.”
The cost of the training course cannot exceed $50, according to the bill.
