HLS 21RS-235 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 609
BY REPRESENTATIVE JORDAN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CIVIL/IMMUNITY: Provides with respect to liability for peace officers engaged in certain
actions
1 AN ACT
2To enact R.S. 9:2800.77 and to amend and reenact R.S. 14:134(A), relative to liability of
3 peace officers; to provide relative to immunity from civil liability for peace officers;
4 to provide for exceptions to immunity; to provide for causes of action; to provide for
5 attorney fees and costs; to provide for malfeasance; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 9:2800.77 is hereby enacted to read as follows:
9 §2800.77. Limitation of qualified immunity for unreasonable force
10 A. Notwithstanding R.S. 9:2793.1, 2798.1, and 2800.10, no element of
11 qualified immunity shall be available to peace officers, as defined by R.S. 40:2402,
12 as a defense to liability for claims brought under the laws or the Constitution of
13 Louisiana or the Constitution of the United States of America for wrongful death,
14 physical injury, or personal injury inflicted by peace officers through any use of
15 physical force in a manner determined by the court to be unreasonable.
16 B.(1) Any individual seeking relief for an action provided by Subsection A
17 of this Section bears the burden of proving a violation of a right under the laws or the
18 Constitution of Louisiana or the Constitution of the United States of America by a
19 preponderance of the evidence.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-235 ORIGINAL
HB NO. 609
1 (2) An action under this Section shall arise out of state law and pursuant to
2 Louisiana's laws and rules of civil procedure.
3 Section 2. R.S. 14:134(A) is hereby amended and reenacted to read as follows:
4 §134. Malfeasance in office
5 A. Malfeasance in office is committed when any public officer or public
6 employee shall does any of the following:
7 (1) Intentionally refuse or fail to perform any duty lawfully required of him,
8 as such officer or employee; or.
9 (2) Intentionally perform any such duty in an unlawful manner; or.
10 (3) Knowingly permit any other public officer or public employee, under his
11 authority, to intentionally refuse or fail to perform any duty lawfully required of him,
12 or to perform any such duty in an unlawful manner.
13 (4) If the individual is a full-time, part-time, or reserve peace officer, who
14 knowingly or with reckless disregard either refuses or fails to perform any duty
15 lawfully required of him as a peace officer or perform such duty in an unlawful
16 manner.
17 * * *
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 609 Original 2021 Regular 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.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-235 ORIGINAL
HB NO. 609
Proposed law (R.S. 9:2800.77) supersedes present law and provides that qualified immunity
does not apply as a defense for claims of wrongful death, physical injury, or personal injury
caused by law enforcement officers through the unreasonable use of physical force.
Proposed law (R.S. 9:2800.77) provides that individuals seeking relief bear the burden of
proving a violation by preponderance of the evidence.
Present law (R.S. 14:134(A)) provides that malfeasance in office is committed when a public
officer or employer does any of the following:
(1)Intentionally refuses or fails to perform a required duty.
(2)Intentionally performs the required duty in an unlawful manner.
(3)Knowingly permits another public officer or employee under his authority to
intentionally refuse or fail to perform any required duty or perform such duty in an
unlawful manner.
Proposed law (R.S. 14:134(A)) retains present law and provides for malfeasance for a peace
officer who knowingly or with reckless disregard either refuses or fails to perform any duty
required of him or performs such duty in an unlawful manner.
(Adds R.S. 9:2800.77; Amends R.S. 14:134(A))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.