Louisiana 2020 2020 1st Special Session

Louisiana House Bill HB51 Comm Sub / Analysis

                    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 51 Original 2020 First Extraordinary Session	Jordan
Abstract: Prohibits qualified immunity from officers as a defense in certain cases
Present law (R.S. 9:2793.1) provides for civil liability immunity for officers for destruction of
property caused while the officer was acting within the course and scope of employment and if
necessary to abate a public emergency.
Present law (R.S. 9:2798.1) provides for civil liability immunity for policymaking or discretionary
acts or omissions by public entities.  Present law exempts acts or omissions not reasonably related
to the legitimate governmental objective or to criminal or intentional misconduct.
Present law (R.S. 9:2800.10) provides for civil liability immunity for damages sustained by a
perpetrator of a felony offense during the commission of the offense or while fleeing the scene. 
Present law exempts intentional acts involving the use of excessive force.
Proposed law retains present law and provides that qualified immunity does not apply as a defense
for claims of wrongful death or physical injury caused by law enforcement officers.
(Amends R.S. 9:2800.10(C); Adds 9:2793.1(D), 2798.1(E) and 2800.10(D))