HLS 23RS-297 REENGROSSED 2023 Regular Session HOUSE BILL NO. 86 BY REPRESENTATIVES HODGES, ADAMS, AMEDEE, BAGLEY, BOYD, BUTLER, CARRIER, CORMIER, COX, DAVIS, ECHOLS, EDMONDS, EDMONSTON, EMERSON, FREIBERG, FRIEMAN, GAROFALO, HARRIS, HORTON, JEFFERSON, KNOX, MACK, CHARLES OWEN, SCHLEGEL, SEABAUGH, STAGNI, AND THOMPSON Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. SCHOOLS/EMPLOYEES: Creates the "Protect Teachers Act" 1 AN ACT 2To amend and reenact R.S. 17:416.11, relative to liability of school employees; to provide 3 for immunity from civil liability and criminal prosecution under certain 4 circumstances; to provide for an exception; and to provide for related matters. 5Be it enacted by the Legislature of Louisiana: 6 Section 1. R.S. 17:416.11 is hereby amended and reenacted to read as follows: 7 ยง416.11. Discipline of pupils; limitation of liability 8 A. No A teacher, principal, or administrator in a public school system or in 9 an approved nonpublic school shall be personally liable immune from civil liability 10 for any act or failure to act in the directing of or disciplining of school children 11 students under his care and supervision, unless such act or failure to act was 12 malicious and willfully and deliberately intended to cause bodily harm. 13 B.(1) A teacher, principal, or administrator in a public school system or in 14 an approved nonpublic school who intervenes and acts in justifiable defense to 15 protect a student or a school employee from a battery or aggravated battery 16 committed by one or more students shall be immune from civil liability and criminal 17 prosecution unless the act of intervention was malicious and willfully and 18 deliberately intended to cause bodily harm. Page 1 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-297 REENGROSSED HB NO. 86 1 (2) Nothing in this Subsection shall require a teacher, principal, or 2 administrator to intervene in a battery or aggravated battery committed by a student. 3 B. C. This Section shall not be applicable to the operation, use, or 4 maintenance of any motor vehicle. 5 Section 2. This Act shall be cited and referred to as the "Protect Teachers Act". 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 86 Reengrossed 2023 Regular Session Hodges Abstract: Provides relative to liability of a public school teacher, principal, or administrator for intervening to protect a student or school employee from a battery or aggravated battery. Present law provides that no teacher, principal, or administrator in a public school system or in an approved nonpublic school shall be personally liable for any act or failure to act in the directing of or disciplining of school children under his care and supervision, unless such act or failure to act was malicious and willfully and deliberately intended to cause bodily harm. Proposed law amends present law to provide immunity from civil liability for any teacher, principal, or administrator in a public school system or in an approved nonpublic school who acts or fails to act in the directing of or disciplining of school students under his care and supervision, unless such act or failure to act was malicious and willfully and deliberately intended to cause bodily harm. Proposed law provides immunity from civil liability and criminal prosecution for a teacher, principal, or administrator in a public school system or in an approved nonpublic school who intervenes and acts in justifiable defense to protect a student or a school employee from a battery or aggravated battery committed by one or more students unless the act of intervention was malicious and willfully and deliberately intended to cause bodily harm. Proposed law provides that no teacher, principal, or administrator shall be required to intervene in a battery or aggravated battery. Proposed law shall be cited and referred to as the "Protect Teachers Act". (Amends R.S. 17:416.11) Summary of Amendments Adopted by House The House Floor Amendments to the engrossed bill: 1. Specify that a teacher, principal, or administrator shall not be required to intervene in a battery or aggravated battery. Page 2 of 2 CODING: Words in struck through type are deletions from existing law; words underscored are additions.