State ex rel. Wright
The issue before the court is what, if any, part of
Thе significance is that Sidney Wright, a juvenile, was charged with unauthorized use of a movable,
In the 1980 Regular Session of the Louisiana Legislature two acts were рassed amending
Basing its contention on the proposition that the latest expression of legislative will controls, relator argues that since Act 708 of 1980 is a later expression of legislative will than is Act 692, then Act 692 was repealed by the passage of Act 708 in the same legislative session. Thus, when Act 15 of the Extraordinary Session of 1980 repealed
In applying for writs the state argues that the substantive portions of Act 692 and 708 are not in conflict; only the penalty portions are. Citing Marquette Cement Manufacturing Company v. Normand,
In Chappuis v. Reggie, supra, the Louisiana Supreme Court laid down the following rules concerning the interpretation of legislative acts which are in conflict and are enacted in the same legislative session, to wit:
“The uniform jurisprudence is to the effect that all statutory provisions are to be given effect whenever possible. LSA-Civil Code of Louisiana, Art. 17; State v. Texas Co.,205 La. 417 ,17 So.2d 569 ; Town of Abbeville v. Police Jury,207 La. 779 ,22 So.2d 62 ; Melancon v. Mizell,216 La. 711 ,44 So.2d 826 . If acts can be reconciled by a fair and reasonable interpretatiоn, it must be done, since the repeal of a statute by implication is not favored and will not be indulged if there is any other reasonable construction.
Town of Abbeville v. Police Jury, supra; State v. Standard Oil Co. of La.,188 La. 978 , 1054,178 So. 601 ; Mouledoux v. Maestri,197 La. 525 ,2 So.2d 11 ; State v. Jones,220 La. 381 ,56 So.2d 724 . Moreоver, where two acts relating to the same subject are passed at the same legislative session, there is a strong presumption against implied repеal, and they are to be construed together, if possible, so as to reconcile them, giving effect to each. State v. Shushan,206 La. 415 ,19 So.2d 185 ; City of New Orleans v. Board of Supervisors of Elections,216 La. 116 ,43 So.2d 237 . In the latter case this Court quoted with aрproval the following language: ‘Where it is possible to do so, it is the duty of the courts, in the- construction of statutes, to harmonize and reconcile laws * * *. Thesе rules are particularly applicable to statutes passed at or about the same time, or at the same session of the legislature, since it is not tо be presumed that the same body of men would pass conflicting and incongruous acts.’ 216 La. at pages 144-145,43 So.2d at page 246 .”
In Blanchard v. Brown,
However, we reach the conclusion that
We therefore conclude that on March 9, 1981,
Therefore, for the above and foregoing reasons, the writ of mandamus issued commanding the Honorable Anthony J. Graр-hia, Judge of the Family Court for the Parish of East Baton Rouge, to vacate and recall his order of April 9, 1981 dismissing the petition in Juvenile Suit Number 53720 of the Family Court, Parish of East Baton Rouge be and the same is hereby made peremptory.
WRIT MADE PEREMPTORY.
APPENDIX
ACT No. 692
Senate Bill No. 360. By: Mr. Bares (By request).
AN ACT
To amend and reenact Section 68 of Title 14 of the Louisiana Revised Statutes of 1950, relativе to the crime of unauthorized use of movables, to increase the penalty for violation of said Section and otherwise to provide with respeсt thereto.
Be it enacted by the Legislature of Louisiana:
Section 1. Section 68 of Title 14 of the Louisiana Revised Statutes of 1950 is hereby amended and reenacted to read as follows:
§ 68. Unauthorized use of movables.
Unauthorized use оf movables is the intentional taking or use of any movable which belongs to another, either without the other’s consent, or by means of fraudulent conduct, practices or representations, but without any intention to deprive the other of the movable permanently. The fact that the movable so taken or used may be classified as an immovable, according to the law pertaining to civil matters, is immaterial.
Whoever commits the crime of unauthorized use of movable having a value of one thousand dollars or less shall be fined not more than one hundred dollars, or imprisoned for not more than six months, or both. Whoever commits thе crime of unauthorized use of movable having a value in excess of one thousand dollars shall be fined not more than one thousand dollars, or imprisoned with оr without hard labor for not more than three years, or both.
Section 2. If any provision or item of this Act or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this Act which can be given effect without the invalid provisions, items, or applications, and to this еnd the provisions of this Act are hereby declared severable.
Section 3. All laws or parts of laws in conflict herewith are hereby repealed.
Approved by the Governor: July 24, 1980.
ACT No. 708
House Bill No. 665. By: Mr. Cusimano.
AN ACT
To аmend and reenact Sections 32, 34, Subsection B of Section 45, Sections 53, 55, 57, 62, 65, 68, 83, 84, and 282 of Title 14 of the Louisiana Revised Statutes of 1950 relative to adding or increasing fines аnd penalties for the crimes of negligent homicide, aggravated battery, simple kidnapping, arson with intent to defraud, aggravated criminal damage to prоperty, damage to property with intent to defraud, simple burglary, simple robbery, unauthorized use of movables, soliciting for prostitutes, pandering, and operation of places of prostitution, and otherwise to provide with respect thereto.
Be it enacted by the Legislature of Louisiana:
Section 1. Sections 32, 34, Subsection B of Section 45, Sections 53, 55, 57, 62, 65, 68, 83, 84, and 282 of Title 14 of the Louisiana Revised Statutes of 1950 are hereby amended and reenacted to read as follows:
* * * * * *
§ 68. Unauthorized use of movables
Unauthorized use of movables is the intentional tаking or use of any movable which belongs to another, either without the other’s consent, or by means of fraudulent conduct, practices or representаtions, but without any intention to deprive the other of the movable permanently. The fact that the movable so taken or used may be classified as an immovаble, according to the law pertaining to civil matters, is immaterial.
Whoever commits the crime of unauthorized use of movables shall be fined not more than fivе hundred dollars, imprisoned for not more than six months, or both.
* * 5(5 5(5 Sf!
Section 2. If any provision or item of this Act or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this Act which can be given effect without the invalid provisions, items, or applications, and to this end the provisions of this Act are hereby declared severable.
Section 3. All laws or parts of laws in conflict herewith are hereby repealed.
Approved by the Governor: July 24, 1980.
Notes
. For full text of Acts 692 and 708 insofar as they apply to
. 1980 Legislative Calendar of the Legislature of the State of Louisiana.