SLS 20RS-894 ORIGINAL 2020 Regular Session SENATE BILL NO. 507 BY SENATOR WHITE CRIME/PUNISHMENT. Provides additional penalties for certain persons during a gubernatorial declared public health or state of emergency. (gov sig) 1 AN ACT 2 To amend and reenact R.S. 29:724(E), relative to a declared public health or state of 3 emergency; to provide for additional penalties for certain person; and to provide for 4 related matters. 5 Be it enacted by the Legislature of Louisiana: 6 Section 1. R.S. 29:724 is hereby amended and reenacted to read as follows: 7 ยง724. Powers of the governor 8 * * * 9 E.(1) In the event of an emergency declared by the governor pursuant to this 10 Chapter, any person or representative of any firm, partnership, or corporation 11 violating any order, rule, or regulation promulgated pursuant to this Chapter, shall 12 be fined not more than five hundred dollars or confined in the parish jail for not more 13 than six months, or both. No executive order, proclamation, or regulation shall create 14 or define a crime or fix penalties. 15 (2)(a) In addition to penalties provided in Paragraph (1) of this 16 Subsection, in the event of a public health emergency declared by the governor 17 pursuant to this Chapter that limits the number of individuals participating in Page 1 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 507 SLS 20RS-894 ORIGINAL 1 an assembly or gathering in an effort to contain or control the public health 2 emergency, no person shall organize or participate in the gathering or assembly 3 in violation of the proclamation. 4 (b) Any person found in violation of Subparagraph (a) of this Paragraph 5 shall be fined five hundred dollars and may be confined to parish jail for not 6 more than six months. 7 Section 2. This Act shall become effective upon signature by the governor or, if not 8 signed by the governor, upon expiration of the time for bills to become law without signature 9 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If 10 vetoed by the governor and subsequently approved by the legislature, this Act shall become 11 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 Dawn Romero Watson. DIGEST SB 507 Original 2020 Regular Session White Present law provides that the governor is responsible for meeting the dangers to the state and people presented by emergencies or disasters, and may issue executive orders, proclamations, and regulations and amend or rescind them. Provides that executive orders, proclamations, and regulations so issued shall have the force and effect of law. Present law provides that a disaster or emergency, or both, shall be declared by executive order or proclamation of the governor if he finds that a disaster or emergency has occurred or the threat thereof is imminent. The state of disaster or emergency shall continue until the governor finds that the threat of danger has passed or the disaster or emergency has been dealt with to the extent that the emergency conditions no longer exist and terminates the state of disaster or emergency by executive order or proclamation, but no state of disaster or emergency may continue for longer than thirty days unless renewed by the governor. Present law provides that all executive orders or proclamations shall indicate the nature of the disaster or emergency, the designated emergency area which is or may be affected, and the conditions which have brought it about or which make possible the termination of the state of disaster or emergency. An executive order or proclamation shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and, unless the circumstances attendant upon the disaster or emergency prevent or impede it, promptly filed with the Governor's Office of Homeland Security and Emergency Preparedness and with the secretary of state. Present law provides that in the event of an emergency declared by the governor, any person or representative of any firm, partnership, or corporation violating any order, rule, or regulation, shall be fined not more than $500 or confined in the parish jail for not more than six months, or both. Proposed law provides that in addition to penalties provided in present law, in the event of a public health emergency declared by the governor that limits the number of individuals Page 2 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 507 SLS 20RS-894 ORIGINAL participating in an assembly or gathering in an effort to contain or control the public health emergency, no person shall organize or participate in the gathering or assembly in violation of the proclamation. Provides that any person found in violation of proposed law shall be fined $500 and may be confined to parish jail for not more than six months. Effective upon signature of the governor or lapse of time for gubernatorial action. (Amends R.S. 29:724(E)) Page 3 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.