HLS 202ES-73 ORIGINAL
2020 Second Extraordinary Session
HOUSE BILL NO. 45
BY REPRESENTATIVE MIGUEZ
LIABILITY: Provides immunity from civil liability and criminal prosecution for certain
persons during COVID-19 declared emergency (Items #28 and 60)
1 AN ACT
2To enact R.S. 29:776, relative to the applicability of certain limitations of liability during
3 declared COVID-19 public emergency; to provide for immunity from civil liability
4 or criminal prosecution for failure to comply with a declared state of emergency
5 order; to provide for an effective date; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 29:776 is hereby enacted to read as follows:
8 ยง776. Immunity for failure to comply with a COVID-19 declared emergency order
9 A. Notwithstanding any law to the contrary, no natural or juridical person
10 shall be liable for any civil damages, fines, or penalties imposed by a governmental
11 entity for failure to comply with restrictions set forth in an emergency order declared
12 in response to COVID-19, including public health emergencies, as declared by this
13 Chapter or Chapter 6 of this Title.
14 B. Notwithstanding any law to the contrary, no natural or juridical person
15 shall be liable for criminal prosecution for failure to comply with restrictions set
16 forth in an emergency order declared in response to COVID-19, including public
17 health emergencies, as declared by this Chapter or Chapter 6 of this Title.
18 Section 2. Due to the impact of COVID-19, the provisions of this Act shall be given
19prospective and retroactive application to March 11, 2020.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 202ES-73 ORIGINAL
HB NO. 45
1 Section 3. This Act shall become effective upon signature by the governor or, if not
2signed by the governor, upon expiration of the time for bills to become law without signature
3by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
4vetoed by the governor and subsequently approved by the legislature, this Act shall become
5effective on the day following such approval.
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 45 Original 2020 Second Extraordinary Session Miguez
Abstract: Provides immunity from civil liability and criminal prosecution for certain
persons violating COVID-19 declared emergency orders.
Proposed law provides that no natural or juridical person, including businesses, shall be
subject to civil or criminal liability for violating a declared COVID-19 order.
Proposed law provides for prospective and retroactive application to March 11, 2020.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 29:776)
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.