HLS 25RS-62 ORIGINAL
2025 Regular Session
HOUSE BILL NO. 81
BY REPRESENTATIVE HORTON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC MEETINGS: Provides criminal liability for certain violations of the Open
Meetings Law
1 AN ACT
2To amend and reenact R.S. 42:28, relative to liability for violations of the Open Meetings
3 Law; to impose criminal liability for malfeasance in office for certain violations of
4 the Open Meetings Law; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 42:28 is hereby amended and reenacted to read as follows:
7 ยง28. Civil and criminal penalties
8 A. Any member of a public body who knowingly and wilfully willfully
9 participates in a meeting conducted in violation of this Chapter shall be subject to a
10 civil penalty not to exceed five hundred dollars per violation. The member shall be
11 personally liable for the payment of such penalty. A suit to collect such penalty must
12 be instituted within sixty days of the violation.
13 B. In addition to the civil penalties provided for in Subsection A of this
14 Section, any member of a public body who knowingly and willfully participates in
15 a meeting conducted in violation of this Chapter shall, upon conviction by a court of
16 competent jurisdiction, be guilty of the crime of malfeasance in office and subject
17 to the penalties set forth in R.S. 14:134.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-62 ORIGINAL
HB NO. 81
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)
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.