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.
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))