SLS 12RS-1301 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 738
BY SENATORS MORRELL AND HEITMEIER AND REPRESENTATIV ES
BROSSETT, LEGER AND MORENO
HOMICIDE. Provides relative to a claim of self-defense. (gov sig)
AN ACT1
To enact R.S. 14:20.1, relative to self-defense; to provide relative to when such immunity2
from criminal prosecution is not available; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 14:20.1 is hereby enacted to read as follows: 5
ยง20.1. Limitation on claim of self-defense6
A. A person who intentionally follows another person to cause a7
reasonable person to feel alarmed, to suffer emotional distress, or to place the8
person in reasonable apprehension of receiving a battery or other crime cannot9
claim the right of self-defense unless he withdraws from the conduct in good10
faith and in such a manner that the other person knows or should know that the11
aggressor desires to withdraw and discontinue the conduct.12
B. The provisions of this Section shall not apply to:13
(1) A peace officer, as defined in R.S. 14:30(B)(1), acting during the14
course and scope of his employment and performing his duties.15
(2) A private investigator licensed pursuant to the provisions of Chapter16
56 of Title 37 of the Louisiana Revised Statutes of 1950, acting during the course17 SB NO. 738
SLS 12RS-1301 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
and scope of his employment and performing his duties relative to the1
conducting of an investigation.2
(3) An investigator employed by an authorized insurer regulated3
pursuant to the provisions of Title 22 of the Louisiana Revised Statutes of 1950,4
acting during the course and scope of his employment and performing his duties5
relative to the conducting of an insurance investigation.6
(4) An investigator employed by an authorized self-insurance group or7
entity regulated pursuant to the provisions of Chapter 10 of Title 23 of the8
Louisiana Revised Statutes of 1950, acting during the course and scope of his9
employment and performing his duties relative to the conducting of an10
insurance investigation.11
Section 2. This Act shall become effective upon signature by the governor or, if not12
signed by the governor, upon expiration of the time for bills to become law without signature13
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14
vetoed by the governor and subsequently approved by the legislature, this Act shall become15
effective on the day following such approval.16
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cathy R. Wells.
DIGEST
Proposed law prohibits any person who intentionally follows another person to cause a
reasonable person to feel alarmed, to suffer emotional distress, or to place the person in a
reasonable apprehension of receiving a battery or other crime from claiming self-defense
unless he withdraws from the conduct in good faith and in such a manner that the other
person knows or should know that the aggressor desires to withdraw and discontinue the
conduct, except when:
1. A peace officer is acting in the course and scope of his employment and performing
his duties.
2. A private investigator or insurance investigator is acting in the course and scope of
his employment and performing his duties and conducting an investigation.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 14:20.1)