HLS 201ES-162 ORIGINAL
2020 First Extraordinary Session
HOUSE BILL NO. 51
BY REPRESENTATIVE JORDAN
CIVIL/IMMUNITY: Provides with respect to immunity from civil liability for law
enforcement engaged in certain actions (Item #40)
1 AN ACT
2To amend and reenact R.S. 9:2800.10(C) and to enact 9:2793.1(D), 2798.1(E) and
3 2800.10(D), relative to immunity from civil liability; to provide relative to law
4 enforcement immunity; to provide for exceptions to immunity; and to provide for
5 related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 9:2800.10(C) is hereby amended and reenacted and R.S.
89:2793.1(D), 2798.1(E), and 2800.10(D) are hereby enacted to read as follows:
9 §2793.1. Immunity from liability for public entities; fire department; law
10 enforcement agency; public emergencies; F.B.I. agents
11 * * *
12 (D) No element of qualified immunity or any other kind of immunity are
13 available to law enforcement officers as a defense to liability for claims for wrongful
14 death or physical injury by law enforcement officers.
15 * * *
16 §2798.1. Policymaking or discretionary acts or omissions of public entities or their
17 officers or employees
18 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 201ES-162 ORIGINAL
HB NO. 51
1 (E) No element of qualified immunity or any other kind of immunity are
2 available to law enforcement officers as a defense to liability for claims for wrongful
3 death or physical injury by law enforcement officers.
4 §2800.10. Immunity from liability for injuries sustained while committing a felony
5 offense
6 * * *
7 C. No element of qualified immunity or any other kind of immunity are
8 available to law enforcement officers as a defense to liability for claims of wrongful
9 death or physical injury by law enforcement officers.
10 C.D. For purposes of this Section "damages" includes all general and special
11 damages which may be recoverable for personal injury, death, or loss of or damage
12 to property, including those otherwise recoverable in a survival or wrongful death
13 action.
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))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.