SB 306 — RELIGIOUS FREEDOMS/LIBERTIES: Creates the crime of obstruction of the freedom of worship in a church or other place of worship. (gov sig)

14:38.6 resulting in the injury to the person, obstruction of the freedom of worship in a church or other place of worship, or damage to property, regardless of whether the defendant was arrested, charged, or prosecuted for such conduct.

B.

Nothing in this Article shall be construed to limit any other cause of action or remedy provided by law.

C.

As used in this Article, a defendant includes any person who knowingly aided, abetted, financed, funded, solicited, conspired, or otherwise providedmaterialsupportorassistanceforconductprohibitedbyR.S.14:38.6.

D.(1)RecoverabledamagespursuanttothisArticlemayincludebutare not limited to damages for physical injury, mental anguish, emotional distress, property damage, lost income, interference with the free exercise of religion, and any other damages authorized by law.

(2) In addition to any other remedy provided by law, a court may grant temporaryrestrainingorders,preliminaryinjunctions,permanentinjunctions, or declaratory relief, as well as court costs and reasonable attorney fees, to prevent the conduct, or to prevent the continuation of the conduct, that is prohibited by R.S.

14:38.6.

Section 3.

(1) The freeexerciseoffreeexerciseofreligion religion and the right of individuals to assembleforworshipassemble for worship services is protected by the First Amendment to the Constitution of the United States of America and Article I, Section 8 of the Constitution of Louisiana.

Page(2) 3In 2023, the legislature and the people of 7Louisiana Coding:adopted Article XII, Section 17 of the Constitution of Louisiana which provides that "(t)he freedom to worship in a church or other place of worship is a fundamental right that is worthy of the highest order of protection".

(3) The intentional interference with a scheduled worship service undermines these fundamental rights to the free exercise of religion and the freedom to worship in a church Page 4 of 6 Coding:

SLS 26RS-349 REENGROSSED SB NO.

306 (2)ENROLLED Inor 2023,other theplace legislature and the people of Louisianaworship adoptedby Articledisrupting XII,the Sectionorderly 17practice of thereligion Constitutionand ofcan Louisianacreate whicha providesdanger that "(t)he freedom to worshippersons inattending athe church or other place of worship isservice. a fundamental right that is worthy of the highest order of protection".

(3) The intentional interference with a scheduled worship service undermines these fundamental rights to the free exercise of religion and the freedom to worship in a church or other place of worship by disrupting the orderly practice of religion, and can create a danger to persons attending the worship service.

(6) It is a compelling interest of this state to protect the ability of its people to meet and assemble for the exercise of religious worship and other religious activities guaranteed bytheFreeExerciseClauseoftheFirstAmendmenttotheConstitutionbytheFreeExerciseClauseoftheFirst AmendmenttotheConstitution oftheUnitedStates of America as well as Article I, Section 8 and Article XII, Section 17 of the Constitution of Louisiana.

Section3.ThelegislaturedeclaresthatthepurposeofthisSection4.ThelegislaturedeclaresthatthepurposeofthisActistoenactprotections Actistoenactprotections that may be enforced at the state level, by state law enforcement authorities, in a similar manner that federal law enforcement authorities, pursuant to 18 U.S.C.

248(a)(2), are able Pageto 4protect the free exercise of 7religion Coding:at a place of religious worship byprohibiting the use of force, threats of force, or physical obstruction to injure, intimidate, or interfere with any person exercising their right to worship at a church or other place of worship.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-349 REENGROSSED SB NO.

306 to protect the free exercise of religion at a place of religious worship byprohibiting the use of force, threats of force, or physical obstruction to injure, intimidate, or interfere with any person exercising their right to worship at a church or other place of worship.

Section 4.

If any provision or item of this Act, or the application thereof, is held invalid, such invalidity shall not affect other provisions, items, or applications of the Act which can be given effect without the invalid provision, item, or application and to this end the provisions of this Act are herebydeclared severable.

ThisIf Actany shallprovision becomeor effectiveitem uponof signaturethis bytheAct, governoror or,the ifapplication thereof, is held invalid, such invalidity shall not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignatureaffect byother provisions, items, or applications of the governor,Act aswhich providedcan bybe Articlegiven III,effect Sectionwithout 18the ofinvalid provision, item, or application and to this end the Constitutionprovisions of Louisiana.this Act are herebydeclared severable.

IfPage vetoed5 bytheof governor6 andCoding: subsequentlyapprovedbythe legislature, this Act shall become effective on the dayfollowing such approval.

The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Senate Legislative Services.

The keyword, summary, 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)] DIGEST SB 306 Reengrossed 2026 Regular Session Edmonds Proposedlawcreatesthecrimeofobstructionofthefreedomofworshipinachurchorother place of worship.

Present law (18 U.S.C.

§248) provides protections in federal law that allow federal law enforcement officials to make arrest and prosecute persons engaged in the illegal use of force, threats, injury, or intimidation to interfere with anyone exercising their First Amendment right to religious freedom at a church or other place of worship.

Present law alsoprohibitsintentionalpropertydamageofachurchorotherplaceofworshipandprotects attendees at the house of worship from violence.

Proposed law provides that the legislature declares that the purpose of proposed law is to enact protections that may be enforced at the state level, by state law enforcement authorities, in a similar manner that federal law enforcement authorities are able to protect the free exercise of the First Amendment right of religious freedom at a place of religious worship by prohibiting the use of force, threat, or intimidation to interfere with anyperson exercising their right to worship at a church or other place of worship.

Proposedlawprovidesthatnopersonshallobstructorinterferewiththefreedomofworship in a church or other place of worship by:

(1) Usingforce,thethreatofforce,physicalobstruction,intentional injurytointimidate or interfere with any person lawfully exercising their right of the free exercise of religion at a church or other place of worship.

(2) Intentionally damaging or destroying the property of a church or other place of Page 5 of 7 Coding:

SLS 26RS-349 REENGROSSED SB NO.

306 worship.ENROLLED Section 6.

(3)This WillfullyAct denyingshall anbecome attendee,effective clergy,upon orsignature staffbythe membergovernor theor, lawfulif freedomnot ofsignedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature movementonthepropertyownedbythechurchorotherplaceofworship,lawfuluseby ofthe anygovernor, propertyas orprovided facilities,by orArticle rightIII, toSection lawfully18 comeof andthe goConstitution onof privateLouisiana. property.

(4)If Willfullyrefusingorfailingtoleavetheprivatepropertyofthechurchorotherplacevetoed ofbythe worshipgovernorand whensubsequentlyapprovedbythe requestedlegislature, tothis doAct soshall bybecome theeffective clergy,on when the persondayfollowing issuch committing,approval. threateningtocommit,orincitingotherstocommitanyactofdisruptiveactivitythat is intended to disrupt, impair, interfere with or obstruct the worship service in a church or other place of worship.

(5)PRESIDENT EngaginginOF adisruptiveactivityatachurchorotherplaceofworship.ProposedlawTHE definesSENATE "disruptiveSPEAKER activity"OF toTHE meanHOUSE engagingOF inREPRESENTATIVES anyGOVERNOR unauthorizedOF protestTHE orSTATE anyOF riot,disorderlyconduct,harassment,obstructionofentrancesorexitstothebuilding,LOUISIANA orAPPROVED: other conduct that materially interferes with the orderly conduct of a scheduled worship service.

(6)Page Knowingly6 funding, financing, or providing material support to a person who is engaging, orattemptingtoengage,indisruptiveactivitiesdesignedthatareintended to interfere with the freedom of worship6 inCoding: a church or other place of worship.

Proposed law defines "churchor otherplaceof worship"to mean anybuilding, structure, or defined outdoor area that is owned, leased, or otherwise lawfully possessed by a religious organization that is used for organized religious worship or other religious activities.

Proposedlawdefines"religiousorganization"tomeananentitythatisoperatedforreligious purposesandqualifiesforexemptionfromtaxationunderthefederalInternalRevenueCode.

Proposed law defines "attendee", "clergy", "disruptive activity", and "worship service".

Present law (18 U.S.C.

§248) provides that federallaw has criminal penalties for the illegal use of force,threats, physical obstruction, orinjuryto interferewith anyone exercisingtheir FirstAmendmentrighttoreligiousfreedomatachurchorotherplaceofworship,asfollows:

(1) First offense is a fine of up to $10,000 or imprisoned for not less than 15 days nor more than six months, or both.

(2) Second or subsequent offense is a fine of up to $25,000 with or without hard labor for not less than one year nor more than 18 months, or both.

(3) For a first, second, or subsequent offence that results in bodily injury, the offender shall be sentenced to not more than ten years, with hard labor.

Proposed law provides that the penalties for obstruction of the freedom of worship in a church or other place of worship is, as follows:

(1) First offense is a fine of up to $10,000 or imprisoned for not less than 15 days nor more than six months, or both.

(2) Second or subsequent offense is a fine of up to $25,000 with imprisonment with or without hard labor for not less than one year nor more than 18 months, or both.

(3) Whentheoffenseresultsinbodilyinjury,theoffendershallbesentencedtonotmore than ten years, at hard labor.

Proposed law provides the following legislative findings:

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Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-349 REENGROSSED SB NO.

306 (1) The free exercise of religion and the right of individuals to assemble for worship services is protected by the First Amendment to the U.S.

Constitution and the La.

Constitution.

(2) In 2023, the legislature and the people of La.

adopted an amendment to the La.

Constitution which provides that the freedom to worship in a church or other place of worship is a fundamental right that is worthy of the highest order of protection.

(3) The intentional interference with a scheduled worship service undermines these fundamental rights to the free exercise of religion and the freedom to worship by disrupting the orderly practice of religion and can create a danger to persons attending the worship service.

(4) The right to engage in a peaceful protest is essential to a free society of people, and the right extends to public places that are traditionally open to political speech and debate, including public streets, sidewalks, and parks, with minimal constitutional restrictions;

however, that right has never been interpreted to authorize the trespass or disruptive activity on private property, such as a home or a church or other place of worship.

(5) Prevention of the willful disruption of worship services and religious activities is a matter of statewide concern.

(6) It is a compelling interest of this state to protect the ability of its people to meet and assemble for the exercise of religious worship and other religious activities guaranteed by the U.S.

Constitution and the La.

Constitution.

(7) It is imperative to a free societyand the survival of a constitutional republic that the state of La.

protects attendees in a church or other places of worship so that the attendees are free from intentional acts that materially interfere or disrupt a scheduledworshipserviceorotherreligiousactivitythatis conductedontheprivate property set aside by the religious organization for protected religious assemblies.

Effective upon signature of the governor or lapse of time for gubernatorial action.

(Adds R.S.

14:38.6) Summary of Amendments Adopted by Senate Senate Floor Amendments to engrossed bill 1.

Makes technical changes.

2.

Adds a mandatory minimum time of imprisonment for a first offense.

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