HLS 21RS-235 REENGROSSED
2021 Regular Session
HOUSE BILL NO. 609
BY REPRESENTATIVES JORDAN, GREEN, BRASS, BRYANT, CARPENTER,
WILFORD CARTER, COX, DUPLESSIS, FREEMAN, GAINES, GLOVER,
HUGHES, JEFFERSON, JENKINS, TRAVIS JOHNSON, JONES, LANDRY,
LARVADAIN, LYONS, NEWELL, PIERRE, SELDERS, AND WILLARD
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 amend and reenact R.S. 14:134(A) and to enact R.S. 9:2800.77, 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 costs, expenses, and attorney
5 fees under certain circumstances; to provide for malfeasance; and to provide for
6 related 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 a defense to liability for
12 claims brought under the laws of Louisiana for wrongful death, physical injury, or
13 personal injury inflicted by peace officers through any use of physical force in a
14 manner determined by the court to be unreasonable.
15 B. For the purposes of this Section, "peace officers" shall include
16 commissioned police officers, sheriffs, deputy sheriffs, marshals, deputy marshals,
17 correctional officers, constables, wildlife enforcement agents, state park wardens,
18 probation and parole officers, military police officers, security personnel employed
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1 by the Supreme Court of Louisiana or a court of appeal of Louisiana, and an officer,
2 employee, contract worker, or volunteer with any prison, jail, work release facility,
3 or correctional institution. "Peace officers" shall also include any employee of the
4 state, a municipality, or other public agency whose permanent duties include the
5 making of arrests, performing of searches and seizures, executing criminal warrants,
6 preventing or detecting crime, or enforcing the penal, traffic, or highway laws of this
7 state.
8 C. In any action brought against a peace officer to which this Section is
9 applicable and judgment is rendered on the merits in favor of the defendant peace
10 officer, then all costs, expenses, and attorney fees shall be cast upon the party
11 bringing the action against the peace officer.
12 Section 2. R.S. 14:134(A) is hereby amended and reenacted to read as follows:
13 §134. Malfeasance in office
14 A. Malfeasance in office is committed when any public officer or public
15 employee shall does any of the following:
16 (1) Intentionally refuse or fail to perform any duty lawfully required of him,
17 as such officer or employee; or.
18 (2) Intentionally perform any such duty in an unlawful manner; or.
19 (3) Knowingly permit any other public officer or public employee, under his
20 authority, to intentionally refuse or fail to perform any duty lawfully required of him,
21 or to perform any such duty in an unlawful manner.
22 (4) If the individual is a full-time, part-time, or reserve peace officer, who
23 knowingly or with reckless disregard either refuses or fails to perform any duty
24 lawfully required of him as a peace officer or perform such duty in an unlawful
25 manner.
26 * * *
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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 Reengrossed 2021 Regular Session Jordan
Abstract: Prohibits qualified immunity for 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 peace officers through the unreasonable use of physical force.
Proposed law (R.S. 9:2800.77) provides a definition for "peace officers".
Proposed law (R.S. 9:2800.77) provides that if judgment is rendered in favor of the
defendant peace officer, then all costs, expenses, and attorney fees shall be cast upon the
party bringing the action against the peace officer.
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.
(Amends R.S. 14:134(A); Adds R.S. 9:2800.77)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and
Procedure to the original bill:
1. Make technical changes.
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2. Remove references to U.S. and La. constitutions.
3. Remove provisions related to burden of proof and applicable state laws.
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
2. Provide for an award of costs, expenses, and attorney fees when judgment is
rendered in favor of a defendant peace officer.
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