A proposal working its way through the halls of the Louisiana capitol would take what is largely considered a property crime, burglary, and instead categorize it as violent.
The bill comes from Rep. Debbie Villio (R-Kenner), who tells the House Criminal Justice Committee burglary victims feel violated, even if they were not home when the crime occurred. She says it affects one’s trust and feeling of safety.
“Generally, they experience emotional trauma…to include a sense if violation, increased fears, anger and frustration,” she said.
Her bill would add simple burglary of an inhabited dwelling to the list of violent crimes, and make it punishable as such. Villio says she wants to make this crime a crime of violence partly because it would remove probation as an option and it would change the good behavior calculations.
Testifying in opposition to Villio’s bill was Meghan Garvey, with the Louisiana Association of Criminal Defense Attorneys. Garvey said said if no one is threatened or hurt, how can it apply?
“We have, already, a specification in the law of crimes of violence, and it is meant to encompass crimes that are violent. This is not,” she told the panel.
Villio says she has been the victim of burglary twice. In one of the burglaries, the perpetrator left a kitchen knife on her bed after finding and stealing her handgun. She says these are the things that make burglars deserving of stronger punishment.
“So I sit here before to ask that these offenses and the resulting emotional trauma be considered a crime of violence; and not simply a property crime,” said Villio.
However, Garvey argued that burglary suspects who have committed no violent acts would be deprived of benefits available to non-violent offenders, like time off for good behavior. She acknowledges the pain of homeowners, but says current law is sufficient.
“It is a violation to have somebody come in to your home, and that is why Burglary of an Inhabited Dwelling requires a (minimum) one-year sentence,” said Garvey. “So, it’s already treated as a serious crime.”
By a 9-2 vote, the committee advanced Villio’s HB 65 to the House floor.
