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 81 Original 2025 Regular Session Horton
Abstract: Imposes criminal liability for malfeasance in office on any member of a public body who
knowingly and willfully participates in a meeting conducted in violation of the Open
Meetings Law.
Present law provides that any member of a public body who knowingly and willfully participates in
a meeting conducted in violation of the Open Meetings Law shall be subject to a civil penalty not
to exceed $500 per violation. Provides that the member shall be personally liable for the payment
of the penalty and a suit to collect the penalty must be instituted within 60 days of the violation.
Proposed law retains present law.
Present law provides for the crime of malfeasance in office. Provides that whoever commits the
crime of malfeasance in office shall be imprisoned for not more than 10 years, with or without hard
labor, or fined not more than $5,000, or both. Further provides that a person convicted of
malfeasance in office may be ordered to pay restitution to the state if the state suffered a loss as a
result of the offense, including the payment of legal interest. Further provides that if the person is
a P.O.S.T. certified full-time, part-time, or reserve peace officer, their P.O.S.T. certification shall be
immediately revoked.
Proposed law retains present law and further provides that any member of a public body who
knowingly and willfully participates in a meeting conducted in violation of the Open Meetings Law
shall, upon conviction by a court of competent jurisdiction, be guilty of the crime of malfeasance in
office and be subject to the criminal penalties provided in present law.
(Amends R.S. 42:28)