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 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 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)