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 139 Original 2022 Regular Session Adams
Abstract: Provides for civil and criminal penalties for failure to allow access to an enclosed
cemetery.
Proposed law (R.S. 9:1258) provides that owners of adjoining property to an enclosed cemetery shall
grant a voluntary right of passage to persons who desire to have access to the enclosed cemetery.
Proposed law (R.S. 9:1258) provides that the right of passage may be limited to reasonable times and
durations, and visitors may have to follow a designated path.
Proposed law (R.S. 9:1259) provides for a civil fine of $500, and provides that each day a violation
occurs shall be considered a separate offense.
Proposed law (R.S. 9:1258 and R.S. 14:100.2) is only applicable to enclosed historic cemeteries
located within 400 feet of a public road.
Present law (R.S. 25:933) defines "historic cemetery" as any abandoned cemetery located in the state
that is more than 50 years old that is not subject to the regulations of the La. Cemetery Board or
subject to the La. Unmarked Human Burial Sites Preservation Act.
Proposed law (R.S. 14:100.2) creates the crime of obstructing access to an enclosed cemetery.
Proposed law (R.S. 14:100.2) provides that no person shall willfully obstruct an individual's right
of passage to any enclosed cemetery located within 400 feet of a public road.
Proposed law (R.S. 14:100.2) provides that the right of passage may be limited to reasonable times
and durations, and visitors may have to follow a designated path.
Proposed law (R.S. 14:100.2) provides for a term of imprisonment, not to exceed six months, a fine
of not more than $500, or both.
Present law (R.S. 9:2800.24) limits liability for owners of property adjoining an enclosed cemetery
who grant a voluntary right of passage to persons who desire to have access to an enclosed cemetery.
Present law (R.S. 9:2800.24) provides that owners of property adjoining an enclosed cemetery shall
not be liable for any injury, death, loss, or damages to persons using the voluntary right of passage
to access the enclosed cemetery. Present law (R.S. 9:2800.24) provides that the owner of the property owes no duty of care to keep
such property safe for entry.
Present law (R.S. 9:2800.24) shall not apply to intentional or grossly negligent acts by the landowner
granting the voluntary right of passage.
Present law (R.S. 9:2800.24(F)) is only applicable to an enclosed cemetery located within a parish
having a population of more than 50,000 and less than 52,200 according to the latest federal
decennial census.
Proposed law repeals the population limitation of present law (R.S. 9:2800.24(F)).
(Adds R.S. 9:1258 and R.S. 14:100.2; Repeals R.S. 9:2800.24(F))