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Regular Session, 2014
HOUSE BILL NO. 325
BY REPRESENTATIVES LOPINTO AND STOKES AND SENATOR GUILLORY
CRIME: Amends provisions of law regarding justification in the use of force or violence
AN ACT1
To amend and reenact R.S. 14:19(A) and 20(A)(4)(a) and (B)(introductory paragraph),2
relative to the justifiable use of force or violence; to provide that the use of force or3
violence is justified in certain circumstances; to provide that the justification applies4
when the conflict began; to provide for technical changes; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 14:19(A) and 20(A)(4)(a) and (B)(introductory paragraph) are hereby8
amended and reenacted to read as follows: 9
§19. Use of force or violence in defense10
A.(1) The use of force or violence upon the person of another is justifiable11
under either of the following circumstances:12
(a) when When committed for the purpose of preventing a forcible offense13
against the person or a forcible offense or trespass against property in a person's14
lawful possession, provided that the force or violence used must be reasonable and15
apparently necessary to prevent such offense ,.16
(b)(i) When committed by a person lawfully inside a dwelling, a place of17
business, or a motor vehicle as defined in R.S. 32:1(40) when the conflict began,18
against a person who is attempting to make an unlawful entry into the dwelling,19
place of business, or motor vehicle, or who has made an unlawful entry into the20 HLS 14RS-232 REENGROSSED
HB NO. 325
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dwelling, place of business, or motor vehicle, and the person using the force or1
violence reasonably believes that the use of force or violence is necessary to prevent2
the entry or to compel the intruder to leave the dwelling, place of business, or motor3
vehicle.4
(ii) The provisions of this Paragraph shall not apply when the person using5
the force or violence is engaged, at the time of the use of force or violence in the6
acquisition of, the distribution of, or possession of, with intent to distribute a7
controlled dangerous substance in violation of the provisions of the Uniform8
Controlled Dangerous Substances Law.9
and that(2) The provisions of Paragraph (1) of this Section shall not apply10
where the force or violence results in a homicide.11
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§20. Justifiable homicide13
A. A homicide is justifiable:14
* * *15
(4)(a) When committed by a person lawfully inside a dwelling, a place of16
business, or a motor vehicle as defined in R.S. 32:1(40), when the conflict began,17
against a person who is attempting to make an unlawful entry into the dwelling,18
place of business, or motor vehicle, or who has made an unlawful entry into the19
dwelling, place of business, or motor vehicle, and the person committing the20
homicide reasonably believes that the use of deadly force is necessary to prevent the21
entry or to compel the intruder to leave the premises dwelling, place of business, or22
motor vehicle.23
* * *24
B. For the purposes of this Section, there shall be a presumption that a25
person lawfully inside a dwelling, place of business, or motor vehicle held a26
reasonable belief that the use of deadly force was necessary to prevent unlawful27
entry thereto, or to compel an unlawful intruder to leave the premises dwelling, place28 HLS 14RS-232 REENGROSSED
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of business, or motor vehicle, when the conflict began, if both of the following1
occur:2
* * *3
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Lopinto HB No. 325
Abstract: Provides that force or violence is justified when committed against an intruder
to compel him to leave or to stop his attempt to enter a dwelling, business, or motor
vehicle.
Present law provides for justification in the use of force or violence when committed for the
purpose of preventing a forcible offense against the person or a forcible offense or trespass
against property in a person's lawful possession, provided that the force or violence used
must be reasonable and apparently necessary to prevent such offense.
Proposed law retains the provisions of present law and further provides that the use of force
is justified when committed by a person lawfully inside a dwelling, a place of business, or
a motor vehicle when the conflict began, against a person who is attempting to make an
unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an
unlawful entry into the dwelling, place of business, or motor vehicle, and the person using
the force or violence reasonably believes that the use of force or violence is necessary to
prevent the entry or to compel the intruder to leave the dwelling, place of business, or motor
vehicle.
Proposed law adds "when the conflict began" as an element of justifiable homicide.
Present law uses the word "premises" in certain places.
Proposed law changes "premises" to "dwelling, place of business, or motor vehicle".
(Amends R.S. 14:19(A) and 20(A)(4)(a) and (B)(intro. para.))