Louisiana 2014 Regular Session

Louisiana House Bill HB1165

Introduced
4/1/14  
Introduced
4/1/14  
Refer
4/2/14  

Caption

Provides for liability for civil damages against persons alleging certain unsubstantiated acts of malfeasance in office against elected officials

Impact

If enacted, HB 1165 will modify existing legal frameworks surrounding allegations of misconduct against public officials in Louisiana. The bill defines a 'governing authority' that determines whether the allegations are substantiated, creating a formal process for evaluating claims of malfeasance. This may lead to heightened scrutiny of allegations by citizens against their elected representatives, as they could face potential legal repercussions for false claims. The bill emphasizes the protection of officials' reputations and aims to reduce the potential for malicious claims that could disrupt governance.

Summary

House Bill 1165 aims to establish a mechanism for holding individuals liable for civil damages when they make unsubstantiated allegations of malfeasance against elected officials. The bill specifically addresses allegations deemed unsubstantiated by a governing authority, allowing affected elected officials to seek redress for any reputational harm suffered. By introducing civil liability for such allegations, the bill intends to discourage the frivolous claiming of misconduct, which can tarnish the reputation of officials without just cause.

Sentiment

The sentiment surrounding HB 1165 appears mixed, with supporters arguing that it is a necessary step to protect elected officials from unjust attacks that could hinder their ability to serve. Proponents feel that the bill fosters a sense of accountability among citizens in making accusations. Conversely, critics might argue that it could inhibit legitimate whistleblowing or risk-reporting, as individuals may be discouraged from coming forward due to the fear of legal consequences. This juxtaposition highlights the ongoing tension between safeguarding officials and ensuring public accountability.

Contention

The bill's primary contention lies in its potential to stifle public discourse and accountability in government. Critics may raise concerns that such a measure could create a chilling effect on free speech, particularly for those who need to report misconduct or malfeasance in office. They fear that the threat of civil damages could silence legitimate concerns regarding elected officials' conduct. On the other hand, supporters would assert that the legislation will restore integrity to elected office and encourage responsible communication regarding public officials' behaviors.

Companion Bills

No companion bills found.

Previously Filed As

LA HB702

Provides relative to liability for certain actions by peace officers

LA HB609

Provides with respect to liability for peace officers engaged in certain actions

LA A2016

Establishes crimes against elected public officials and immediate families; provides police protection in instances of crime against elected public official and immediate family.

LA S2681

Establishes crimes against elected public officials and immediate families; provides police protection in instances of crime against elected public official and immediate family.

LA HB515

Provides relative to suits against the state and state officials and employees

LA SB287

Provides for the revocation of P.O.S.T. certification for peace officers convicted of malfeasance in office. (8/1/16)

LA SB492

Provides relative to suits against the state and state officials and employees. (8/1/18)

LA AB1223

Eliminating public official immunity as a defense to civil liability claims against law enforcement officers and prohibiting indemnification for judgments against law enforcement officers. (FE)

LA AB577

An election official's personal information; battery against election officials; whistleblower protection for municipal clerks, county clerks, and election officials who witness and report election fraud or irregularities; harassing election officials; and providing a penalty.

LA A5024

Establishes crimes against elected public official and immediate family; provides police protection in instances of crimes against elected public official and immediate family.

Similar Bills

No similar bills found.