SLS 20RS-505 ORIGINAL
2020 Regular Session
SENATE BILL NO. 261
BY SENATOR CARTER
CRIME/PUNISHMENT. Creates the crime of the illegal throwing of hate-related objects
during a parade or demonstration. (gov sig)
1 AN ACT
2 To enact R.S. 14:107.6, relative to offenses affecting the general peace and order; to create
3 the crime of illegal throwing of hate-related objects during a parade or
4 demonstration; to provide definitions; to provide penalties; and to provide for related
5 matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:107.6 is hereby enacted to read as follows:
8 ยง107.6. Illegal throwing of hate-related objects during a parade or
9 demonstration
10 A. Illegal throwing of hate-related objects during a parade or
11 demonstration is the intentional throwing, handing out, or otherwise
12 distributing of an object by an organization member while the member is
13 participating in a parade or demonstration, done in such a manner as would
14 foreseeably foster ideologies that are in conflict with the requirements of equal
15 protection for citizens as provided by the constitution and laws of the United
16 States, the state of Louisiana, or the laws of any municipality, and that suggest
17 the supremacy of one ethnic, religious, or racial group over any other, or gives
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1 honor or praise to any violent actions taken wrongfully against citizens of the
2 United States, the state of Louisiana, or any municipality, in order to promote
3 ethnic, religious, or racial supremacy of any group over another.
4 B. As used in this Section:
5 (1) "Organization" means:
6 (a) Any lawful corporation, trust, company, partnership, association,
7 foundation, or fund.
8 (b) Any lawful group of persons, whether or not incorporated, banded
9 together for joint action on any subject or subjects.
10 (c) Any entity or unit of federal, state, or local government.
11 (2) "Parade" means:
12 (a) Any celebration of Mardi Gras or related pre-Lenten or
13 carnival-related festivities, school parades, state parades, parish parades, or
14 municipal parades.
15 (b) Any demonstration or gathering for which a permit is issued by a
16 governmental entity.
17 C.(1) Except as provided in Paragraph (2) of this Subsection, whoever
18 violates the provisions of this Section shall be fined not less than three hundred
19 dollars nor more than one thousand dollars, and imprisoned for not less than
20 ten days nor more than ninety days. Imposition or execution of the sentence
21 shall not be suspended unless either of the following occurs:
22 (a) The offender is placed on probation with a minimum condition that
23 he serve forty-eight hours in jail, which shall not be suspended.
24 (b) The offender is placed on probation with a minimum condition that
25 he perform thirty-two hours of community service, at least half of which shall
26 consist of participation in a litter abatement or collection program.
27 (2)(a) If the parade or demonstration participant who violated the
28 provisions of Subsection A of this Section cannot be personally identified, then
29 the organization of which the participant is a member shall be fined as follows,
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1 provided that the offense is documented by a law enforcement report or a
2 statement from the organization that is alleged to have committed the violation:
3 (i) For a first offense, one thousand dollars.
4 (ii) For a second offense, two thousand five hundred dollars.
5 (iii) For a third or subsequent offense, five thousand dollars.
6 (b) The schedule of fines provided for in Subparagraph (a) of this
7 Paragraph shall apply only when offenses are committed in the same year or
8 subsequent consecutive years. A subsequent offense committed in a
9 non-consecutive year shall be treated as a first offense.
10 D. This Section shall not preempt, nor shall anything in this Section be
11 construed to preempt, the regulation of illegal throwing of hate-related objects
12 during a parade or demonstration by municipalities, parishes, and consolidated
13 city-parish governments. However, in order to promote uniform prohibitions
14 on the throwing of hate-related objects during a parade or demonstration
15 throughout the state, the regulation of throwing hate-related objects during a
16 parade or demonstration by municipalities, parishes, and consolidated
17 city-parish governments shall not exceed the scope of the regulatory
18 prohibitions contained in the provisions of this Section.
19 Section 2. This Act shall become effective upon signature by the governor or, if not
20 signed by the governor, upon expiration of the time for bills to become law without signature
21 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
22 vetoed by the governor and subsequently approved by the legislature, this Act shall become
23 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 261 Original 2020 Regular Session Carter
Proposed law creates the crime of illegal throwing of hate-related objects during a parade
or demonstration. Proposed law defines the crime as the intentional throwing, handing out,
or otherwise distributing of an object by an organization member while the member is
participating in a parade or demonstration, done in such a manner as would foreseeably
foster ideologies that are in conflict with the requirements of equal protection for citizens
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as provided by the constitution and laws of the U.S., the state of La., or the laws of any
municipality, and that suggest the supremacy of one ethnic, religious, or racial group over
any other, or gives honor or praise to any violent actions taken wrongfully against citizens
of the U.S., the state of La., or any municipality, in order to promote ethnic, religious, or
racial supremacy of any group over another.
Proposed law provides the following definitions:
(1)"Organization" means:
(a) Any lawful corporation, trust, company, partnership, association, foundation,
or fund.
(b) Any lawful group of persons, whether or not incorporated, banded together
for joint action on any subject or subjects.
(c) Any entity or unit of federal, state, or local government.
(2) "Parade" means:
(a) Any celebration of Mardi Gras or related pre-Lenten or carnival-related
festivities, school parades, state parades, parish parades, or municipal
parades.
(b) Any demonstration or gathering for which a permit is issued by a
governmental entity.
Proposed law provides that whoever violates proposed law is to be fined between $300 and
$1,000 and imprisoned for between 10 and 90 days, which sentence cannot be suspended
unless either of the following occurs:
(1) The offender is placed on probation with a minimum condition that he serve 48 hours
in jail, which cannot be suspended.
(2)The offender is placed on probation with a minimum condition that he perform 32
hours of community service, at least half of which is to consist of participation in a
litter abatement or collection program.
Proposed law provides that if the parade or demonstration participant who violated the
provisions proposed law cannot be personally identified, then the organization of which the
participant is a member is to be fined as follows, provided that the offense is documented
by a law enforcement report or a statement from the organization that is alleged to have
committed the violation:
(1)For a first offense, $1,000.
(2)For a second offense, $2,500.
(3)For a third or subsequent offense, $5,000.
Proposed law further provides that this schedule of fines applies only when offenses are
committed in the same year or subsequent consecutive years, and a subsequent offense
committed in a nonconsecutive year is to be treated as a first offense.
Proposed law provides that proposed law does not preempt nor can be construed to preempt
the regulation of illegal throwing of hate-related objects during a parade or demonstration
by municipalities, parishes, and consolidated city-parish governments. Proposed law further
provides that in order to promote uniform prohibitions on the throwing of hate-related
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objects during a parade or demonstration throughout the state, the regulation of throwing
hate-related objects during a parade or demonstration by municipalities, parishes, and
consolidated city-parish governments cannot exceed the scope of the regulatory prohibitions
contained in the provisions of proposed law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 14:107.6)
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words in boldface type and underscored are additions.