[StBernard] House panel backs jail time for squatters after storms

[Westley Annis]

House panel backs jail time for squatters after storms
Lawmaker: Entering homes a 'desecration' 
Friday, April 21, 2006
By Ed Anderson
Capital bureau 

BATON ROUGE -- Squatters who take up residence in other people's homes
during and after an emergency or disaster may find themselves in jail for up
to a year if convicted, a House committee said Thursday. 

Without objection and with little debate, the Committee on the
Administration of Criminal Justice gave unanimous support to House Bill 743
by Rep. Nita Hutter, R-Chalmette, whose St. Bernard Parish district is
experiencing problems with squatters living on the second floors of some
damaged homes. 

Hutter's bill goes to full House for debate next week. 

Rep. Jane Smith, R-Bossier City, who handled the bill for Hutter, said the
squatters cannot be charged with burglary or breaking and entering, because
many residences already are open and accessible. 

But, Smith said, the circumstances are more serious than trespassing, which
is a misdemeanor. 

She said Hutter's bill creates a new crime: unauthorized entry of a dwelling
during an emergency or disaster. 

She said squatters "are living in people's homes. It is a desecration." 

Hutter's bill sets out penalties of up to a year in jail and a maximum fine
of $1,500 -- or both -- for those convicted. 

The committee also gave unanimous approval to a bill that is designed to
better protect cable company employees, meter-readers and others from being
shot at when they go on private property while working. 

House Bill 512 by Rep. Danny Martiny, R-Kenner, the panel's chairman,
creates the crime of aggravated assault with a firearm on utility workers. 

The bill now goes to the House floor for debate. 

Martiny said utility company employees before and after hurricanes have been
met with gunfire when they show up to turn off someone's water, gas or
electricity or to disconnect their cable service. 

If the bill passes in its present form it would subject those convicted to a
minimum of one year and a maximum of three years in jail, a fine of up to
$2,000 or both. 

The committee approved and sent the following bills to the House floor: 

-- Martiny's House Bill 879 would make it a crime to file a false complaint
against police officers regarding their behavior, conduct or job
performance. The bill had the backing of law enforcement agencies at the
state, parish and local levels. Martiny said the bill seeks to reduce the
number of bogus complaints that have to be investigated by police agencies.
The bill calls for a top fine of $1,000, up to six moths in jail, or both. 

-- House Bill 51, by Rep. Pete Schneider, R-Slidell, would increase the
fines on pain management clinics that frequently prescribe narcotics to
patients based on a cursory medical examination. The top fine now is $5,000
but Schneider's bill hikes it to a maximum of $50,000. The bill does not
change the maximum sentence of five years in prison. "They are making a ton
of money," said Martiny, who handled Schneider's bill. "The fine now is a
drop in the bucket for them." 

-- House Bill 1093 by Rep. Sydnie Mae Durand, D-Parks, would set a penalty
of at least five years and up to 30 years in jail, and a minimum fine of
$25,000 and a maximum of $70,000 for anyone caught stealing offshore oil and
gas production and maintenance equipment. One offshore oil company lost
almost $800,000 in gear last year, she said. 

. . . . . . . 


Ed Anderson can be reached at eanderson at timespicayune.com or (225) 342-5810.