ENROLLED
2016 Regular Session
HOUSE BILL NO. 146
BY REPRESENTATIVES MORENO, AMEDEE, BAGLEY, BAGNERIS, BILLIOT,
BOUIE, CARPENTER, GARY CARTER, EDMONDS, EMERSON, FALCONER,
GAINES, GLOVER, HALL, HILFERTY, HORTON, JACKSON, JAMES, LEGER,
LYONS, MARCELLE, NORTON, PIERRE, REYNOLDS, SMITH, WHITE, AND
ZERINGUE
1 AN ACT
2 To enact Code of Criminal Procedure Article 895(O), relative to limitations of liability for
3 court-approved mentors; to provide a limitation of liability to certain persons
4 mentoring offenders on probation; to provide a limitation of liability for the court,
5 and court officers, agents, and employees; to provide definitions; and to provide for
6 related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Article 895(O) is hereby enacted to read as
9 follows:
10 Art. 895. Conditions of probation
11 * * *
12 O.(1) Any mentor of an offender on probation under the supervision of any
13 court division created pursuant to R.S. 13:5304, 5354, 5366, or 5401 shall not be
14 liable for any injury or loss caused or suffered by an offender that arises out of the
15 performance of duties as a mentor, unless the injury or loss was caused by the gross
16 negligence or intentional acts of the mentor.
17 (2) Neither the court nor any officer, agent, or employee of the court shall
18 be liable for any injury or loss to the offender, the mentor, or any third party for the
19 actions of the mentor or the offender.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 146 ENROLLED
1 (3) As provided in this Subsection, "mentor" means a person approved by
2 the court who volunteers to provide support and personal, educational, rehabilitation,
3 and career guidance to the offender during probation and who has either completed
4 a court-approved mentor training program or who has successfully completed his
5 sentence pursuant to R.S. 13:5304, 5354, 5366, or 5401.
6 (4) Nothing in this Subparagraph shall affect the vicarious liability of the
7 employer pursuant to Civil Code Article 2320 or the ability of an employee to file
8 a claim for workers' compensation.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.