HB 2 - Authorizes Immunity for Law Enforcement Under Most Circumstances - Louisiana Key Vote

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Title: Authorizes Immunity for Law Enforcement Under Most Circumstances

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Title: Authorizes Immunity for Law Enforcement Under Most Circumstances

Vote Smart's Synopsis:

Vote to concur with senate amendments and pass a bill that authorizes immunity for law enforcement in the state of Louisiana and prohibits lawsuits against police officers for their actions while on duty unless except in cases of criminal, fraudulent or intentional misconduct.

Highlights:

  • Defines terms related to peace officers and members of law enforcement (Sec. 1). 

  • Specifies that one cannot make a civil claim for damages against a police officer or public entity that employs or appoints a peace officer in the following circumstances (Sec. 1): 

    • The conduct arises out of the performance of any discretionary function;and

    • The success of the claim necessarily implies the invalidity of a criminal conviction or sentence.

  • Specifies that this act does not apply in the following situations (Sec. 1). 

    • Any act by peace officers which constitutes a criminal act;and

    • Any private nongovernmental person or entity including any private employer of a peace officer during the officers off-duty hours.

  • Specifies that the provisions of this section shall not relieve a peace officer shall not relieve from the duty to drive or ride with due regard for the safety of all persons when he is driving (Sec. 1).

See How Your Politicians Voted

Title: Authorizes Immunity for Law Enforcement Under Most Circumstances

Vote Smart's Synopsis:

Vote to amend and pass a bill that authorizes immunity for law enforcement in the state of Louisiana and prohibits lawsuits against police officers for their actions while on duty unless except in cases of criminal, fraudulent or intentional misconduct.

Highlights:

  • Defines terms related to peace officers and members of law enforcement (Sec. 1). 

  • Specifies that one cannot make a civil claim for damages against a police officer or public entity that employs or appoints a peace officer in the following circumstances (Sec. 1): 

    • The conduct arises out of the performance of any discretionary function;and

    • The success of the claim necessarily implies the invalidity of a criminal conviction or sentence.

  • Specifies that this act does not apply in the following situations (Sec. 1). 

    • Any act by peace officers which constitutes a criminal act;and

    • Any private nongovernmental person or entity including any private employer of a peace officer during the officers off-duty hours.

  • Specifies that the provisions of this section shall not relieve a peace officer shall not relieve from the duty to drive or ride with due regard for the safety of all persons when he is driving (Sec. 1).

Title: Authorizes Immunity for Law Enforcement Under Most Circumstances

Title: Authorizes Immunity for Law Enforcement Under Most Circumstances

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