HLS 19RS-716 REENGROSSED
2019 Regular Session
HOUSE BILL NO. 235
BY REPRESENTATIVE AMEDEE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME: Provides relative to justifiable use of force or violence in defense at a place of
worship
1 AN ACT
2To amend and reenact R.S. 14:19(A)(1)(introductory paragraph) and (B)(introductory
3 paragraph) and 20(B)(introductory paragraph) and (1) and to enact R.S.
4 14:19(A)(1)(c), and (E) and 20(A)(5) and (E), relative to defenses to prosecution; to
5 provide relative to the use of force or violence in defense; to provide relative to
6 justifiable homicide; to expand application of the defenses to persons lawfully in a
7 place of worship; to provide for definitions; to provide for limitations; and to provide
8 for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 14:19(A)(1)(introductory paragraph) and (B)(introductory paragraph)
11and 20(B)(introductory paragraph) and (1) are hereby amended and reenacted and R.S.
1214:19(A)(1)(c) and (E) and 20(A)(5) and (E), are hereby enacted to read as follows:
13 §19. Use of force or violence in defense
14 A.(1) The use of force or violence upon the person of another is justifiable
15 under either any of the following circumstances:
16 * * *
17 (c) When committed by a lawful person who is inside a religious building
18 property, as is defined in R.S. 40:981.3, and when the use of force by the lawful
19 person against the intruder meets all of the following circumstances:
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1 (i) Is made for the purpose of preventing an intruder from committing a
2 crime or forcible offense against the religious building property or against the lawful
3 person or against another person present in the religious building property.
4 (ii) The lawful person reasonably believes that the use of force is necessary
5 to prevent the entry or compel the intruder to leave the religious building property
6 or to prevent the intruder from committing a crime against the permittee or other
7 person inside the building.
8 * * *
9 B. For the purposes of this Section, there shall be a presumption that a
10 person lawfully inside a dwelling, place of business, religious building property, or
11 motor vehicle held a reasonable belief that the use of force or violence was necessary
12 to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the
13 premises or motor vehicle, if both of the following occur:
14 * * *
15 E. (1) For purposes of this Section, the term "intruder" means a person who
16 does any of the following:
17 (a) Is engaged in a criminal act.
18 (b) Enters with the intent to commit a crime.
19 (c) Is unlawfully present.
20 (2) For purposes of Subparagraph (A)(1)(c) of this Section, the term "lawful
21 person" shall apply to a person claiming the defense set forth in this Section when
22 the force used against an intruder involves the use of a firearm and, at the time of the
23 use of force against the intruder, the person was not prohibited from possessing a
24 firearm under state or federal law.
25 §20. Justifiable homicide
26 A. A homicide is justifiable:
27 * * *
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1 (5) When committed by a lawful person who is inside a religious building
2 property, as is defined in R.S. 40:981.3, and when the use of force by the lawful
3 person against the intruder meets all of the following circumstances:
4 (i) Is made for the purpose of preventing an intruder from committing a
5 crime or forcible offense against the religious building property or against the
6 permittee or against another person present in the religious building property.
7 (ii) The permittee reasonably believes that the use of force is necessary to
8 prevent the entry or compel the intruder to leave the religious building property or
9 to prevent the intruder from committing a crime against the permittee or other person
10 inside the building.
11 * * *
12 B. For the purposes of this Section, there shall be a presumption that a
13 person lawfully inside a dwelling, place of business, or motor vehicle held a
14 reasonable belief that the use of deadly force was necessary to prevent unlawful
15 entry thereto, or to compel an unlawful intruder to leave the dwelling, religious
16 building property, place of business, or motor vehicle when the conflict began, if
17 both of the following occur:
18 (1) The person against whom deadly force was used was in the process of
19 unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling,
20 place of business, religious building property, or motor vehicle.
21 * * *
22 E.(1) For purposes of this Section, the term "intruder" means a person who
23 does any of the following:
24 (a) Is engaged in a criminal act.
25 (b) Enters with the intent to commit a crime.
26 (c) Is unlawfully present.
27 (2) For purposes of Subparagraph (A)(1)(c) of this Section the term "lawful
28 person" shall apply to a person claiming the defense set forth in this Section when
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1 the force used against an intruder involves the use of a firearm and, at the time of the
2 use of force against the intruder, the person was not prohibited from possessing a
3 firearm under state or federal law.
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)]
HB 235 Reengrossed 2019 Regular Session Amedee
Abstract: Provides relative to the use of force or violence against the person of another, or
the commission of a homicide, in self-defense by persons inside a religious building
property.
Present law (R.S. 14:19, use of force or violence in defense) provides that the use of force
or violence upon the person of another that does not result in the person's death is justifiable
under the following circumstances:
(1)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.
(2)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.
Present law (R.S. 14:20, justifiable homicide) provides that a homicide is justified under the
following circumstances:
(1)When committed in self-defense by one who reasonably believes that he is in
imminent danger of losing his life or receiving great bodily harm and that the killing
is necessary to save himself from that danger.
(2)When committed for the purpose of preventing a violent or forcible felony involving
danger to life or of great bodily harm by one who reasonably believes that such an
offense is about to be committed and that such action is necessary for its prevention.
(3)When committed against a person whom one reasonably believes to be likely to use
any unlawful force against a person present in a dwelling or a place of business, or
when committed against a person whom one reasonably believes is attempting to use
any unlawful force against a person present in a motor vehicle, while committing or
attempting to commit a burglary or robbery of such dwelling, business, or motor
vehicle.
(4)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
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the person committing the homicide reasonably believes that the use of deadly force
is necessary to prevent the entry or to compel the intruder to leave the dwelling,
place of business, or motor vehicle.
Proposed law retains present law, but expands its application to a lawful person who is inside
a religious building property when both of the following circumstances exist:
(1)The use of force was for the purpose of preventing an intruder from committing a
crime or forcible offense against the religious building property or against the lawful
person or against another person present in the religious building property.
(2)The lawful person reasonably believes that the use of force is necessary to prevent
the entry or compel the intruder to leave the religious building property or to prevent
the intruder from committing a crime against the lawful person or other person inside
the building.
Present law (R.S. 14:19 and 20) provides a presumption that a person lawfully inside a
dwelling, place of business, or motor vehicle held a reasonable belief that the use of force
was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave
the dwelling, place of business, or motor vehicle when the conflict began, if both of the
following occur:
(1)The person against whom deadly force was used was in the process of unlawfully
and forcibly entering or had unlawfully and forcibly entered the dwelling, place of
business, or motor vehicle.
(2)The person who used deadly force knew or had reason to believe that an unlawful
and forcible entry was occurring or had occurred.
Proposed law retains present law and applies the present law presumption to a person
lawfully inside a religious building property.
Proposed law defines "lawful person", "intruder", and "religious building property" for
purposes of proposed law.
(Amends R.S. 14:19(A)(1)(intro. para.) and (B)(intro. para.) and 20(B)(intro. para.) and (1);
Adds R.S. 14:19(A)(1)(c) and (E) and 20(A)(5) and (E))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Remove the requirement that the person may only claim a defense that involves
the use of a firearm if the person lawfully possessed the firearm under state or
federal law.
2. Add a requirement that the person may only claim a defense that involves the use
of a firearm if the person was not prohibited from possessing a firearm under
state or federal law.
The House Floor Amendments to the engrossed bill:
1. Remove proposed law changes that expand the application of present law to
persons lawfully inside places of worship.
2. Remove the proposed law definition of "place of worship".
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HB NO. 235
3. Remove provisions of proposed law that limit the application of proposed law to
persons who are not prohibited from possessing a firearm under state or federal
law.
4. Expand application of present law to the use of force or violence in defense by
a lawful person who is inside a religious building property under certain
circumstances, including to prevent an intruder from committing a crime against
the religious building property or a person.
5. Provide that a person lawfully inside religious building property is presumed to
believe that the use of force or violence was necessary to prevent unlawful entry
of the intruder or to compel the intruder to leave the premises.
6. Expand application of present law to provide that a homicide is justified when
committed by a lawful person who is inside a religious building property under
certain circumstances, including to prevent an intruder from committing a crime
against the religious building property or a person.
7. Provide that a person lawfully inside a religious building property is presumed
to believe that the use of deadly force was necessary to prevent unlawful entry
of the intruder or to compel the intruder to leave the premises.
8. Define "lawful person", "religious building property", and "intruder" for
purposes of proposed law.
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