Struck = removed from the bill ·
added = the amendment's new text.
ENROLLEDHCAHB635 4274 3305 HOUSE COMMITTEE AMENDMENTS Regular Session HOUSEAmendments BILLproposed NO.by House Committee on Administration of Criminal Justice to Original House Bill No.
635 BYby REPRESENTATIVESRepresentative HORTONHorton ANDAMENDMENT EDMONSTONNO. AND SENATOR HODGES AN ACT ToenactPartIV-AofChapter 2 of Title 14 of the Louisiana Revised Statutes of 1950, to be comprised of R.S.
14:3911 throughOn 391.3,page and3, R.S.line 9, change "31 CFR 500.306" to "31 CFR 515.306" Page 1 of 1 CODING:
40:2405.10, relative to offenses affecting organized government;
to provide for legislative intent;
to provide for definitions;
to provide for types of conduct that constitute criminal activity;
to provide for penalties;
to authorize certain training programs;
to provide for an effective date;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
Part IV-A of Chapter 2 of Title 14 of the Louisiana Revised Statutes of 1950, comprised of R.S.
14:391 through 391.3, is hereby enacted to read as follows:
PART IV-A.
PROTECTION OF CONSTITUTIONAL LIBERTIES IN LOUISIANA ACT §391.
Legislative intent;
short title A.
The legislature hereby finds that certain foreign adversaries and foreign terroristorganizationsposeagrowingthreattothecitizensandresidentsofthisstate based on the practice of extranational enforcement of foreign laws, foreign directives, or foreign religious tenets that are contrary to the Constitution of the United States and the Constitution of Louisiana and are invoked as a substitute for federal or state law.
The purpose of this Part is to counter this threat by protecting persons in this state from the harassment and repression of liberty and freedom caused by these extranational practices.
B.
This Part shall be known and may be cited as the "Protection of Constitutional Liberties in Louisiana Act".
§391.1.
Definitions For the purposes of this Part, the following terms have the following meanings:
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635 ENROLLED (1) "Agent of a foreign adversary" means a person, entity, or organization directed or controlled by a foreign adversary or who is the proxy of a foreign adversary.
(2) "Agent of a foreign terrorist organization" means a person, entity, or group directed or controlled by a foreign terrorist organization or who is the proxy of a foreign terrorist organization.
(3) "Constitutionally protected conduct" means any action or behavior that is lawful under the laws of this state or the United States and constitutes the free exercise of anyof the following:
(a) Freedom of religion, as protected by the First Amendment of the Constitution of the United States of America and Article I, Section 8, of the Constitution of Louisiana.
(b) Freedom of speech or expression, as protected by the First Amendment of the Constitution of the United States and Article I, Section 7, of the Constitution of Louisiana.
(c) The right of assembly or to petition any federal, state, or local governmententityfortheredressofgrievancesasprotectedbytheFirstAmendment of the Constitution of the United States and Article I, Section 9, of the Constitution of Louisiana.
(4) "Foreignadversary"meansanycountryspecifiedin15CFR791.4orany similar regulation that is subsequently promulgated in the Code of Federal Regulations.
(5) "Foreign law" means any law, rule, or legal code or system established and used or applied by a foreign adversary or foreign terrorist organization in a jurisdiction outside of the states or territories of the United States.
(6) "Foreign terrorist organization" means any of the following:
(a) An entity designated as a foreign terrorist organization in accordance with 8 U.S.C.
1189 or any similar law that is subsequently promulgated by the United States Department of State.
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635 ENROLLED (b) An entity designated as a "specially designated national" in accordance with 31 CFR 515.306 or anysimilar regulation that is subsequently promulgated in the Code of Federal Regulations by the United States Department of the Treasury.
(7) "Transnational repression" means an act emanating from or attributable to a foreign adversaryor foreignterroristorganization that is committed byan agent of that foreign adversary or foreign terrorist organization with the intent to harass, intimidate,censor,orotherwiseextendtheabilityoftheforeignadversaryorforeign terroristorganizationtoinfluence,control,orimposeitspreferencesonthebehavior ofpeopleoutsideoftheterritorialjurisdictionoftheforeignadversarythrougheither of the following means:
(a) Directly by means of physical contact, threats, or electronic targeting.
(b) Indirectlybymeansofactualorcrediblethreatsofcollectivepunishment, financial coercion, abuse of administrative processes, selective prosecution of laws of general application, the use or direction of social media or telecommunication entities, or harassment of others.
§391.2.
Violation;
penalties A.(1) No agent of a foreign adversary or agent of a foreign terrorist organization shall commit anycriminal offense in this state while knowinglyacting at the direction of, on behalf of, or under the influence of a foreign adversary or foreign terrorist organization with the intent to do any of the following:
(a) Coerceapersontoactonbehalfofaforeignadversaryorforeignterrorist organization.
(b) Coerce a person to leave the United States or cause another person to leave the United States.
(c) Cause a person to refrain from engaging in constitutionally protected conduct.
(d) Retaliate against a person for engaging in constitutionally protected conduct.
(2) No person shall intentionally engage in the obstruction, detection, investigation, monitoring, or surveillance of another person or governmental entity Page 3 of 5 CODING:
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635 ENROLLED with the intent to enforce or institute the prosecution of a foreign law in violation of the laws of this state or of the United States.
B.(1) Any person who violates the provisions of Paragraph (A)(1) of this Sectionbycommittingacriminaloffensethatisanoncapitalfelonyshall,inaddition to the penalty for commission of the underlying offense, be punished as follows:
(a) Iftheunderlyingoffenseis punishablebyimprisonmentforatermofnot morethanfiveyears,theoffendershallbeimprisonedwith orwithout hardlaborfor an additional period of one year.
The additional penalty imposed pursuant to this Subparagraph shall be served consecutively to the sentence imposed for the underlying offense.
(b) If the underlying offense is punishable by imprisonment for a term of morethanfiveyearsbutlessthanfifteenyears,theoffendershallbeimprisonedwith or without hard labor for an additional period of two years.
The additional penalty imposedpursuanttothisSubparagraphshallbeservedconsecutivelytothesentence imposed for the underlying offense.
(2) WhoeverviolatestheprovisionsofParagraph(A)(2)ofthisSectionshall be punished as follows:
(a) If the offender was acting as an agent of a foreign adversary or an agent of a foreign terrorist organization at the time of the violation, the offender shall be fined not more than ten thousand dollars, imprisoned with or without hard labor for not less than three years nor more than six years, or both.
(b) If the offender was not acting as an agent of a foreign adversary or an agentofaforeignterroristorganizationatthetimeoftheviolation,theoffendershall befinednot morethanfivethousand dollars, imprisoned with orwithout hardlabor for not less than two years nor more than four years, or both.
§391.3.
Application of foreign law;
unenforceability Anydecision from a court, arbitrator, tribunal, or administrative agencythat is based in whole or in part on foreign law is void and unenforceable in this state if it denies a party a liberty, right, or privilege guaranteed by the Constitution of the United States or the Constitution of Louisiana.
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635 ENROLLED Section 2.
R.S.
40:2405.10 is hereby enacted to read as follows:
§2405.10.
Transnationalrepressionrecognitionandresponse;trainingandeducation The Department of Justice, office of the attorneygeneral, Louisiana Bureau of Investigation, may provide or adopt a training program for transnational repression recognition and response.
The program may be obtained from another state or federal governmental entity or from a nongovernmental entity that specializesintrainingandeducatinglawenforcement.
Thetrainingmaybeupdated to address emerging threats and specific information on tactics used by specific foreign adversaries or foreign terrorist organizations.
Section 3.
The Department of Justice, office of the attorney general, Louisiana BureauofInvestigationmayimplement thetrainingprogramauthorizedinR.S.
40:2405.10 as enacted by Section 2 of this Act on or before July 1, 2027.
Section 4.
This Act shall become effective upon signature bythe governor or, if not signedbythegovernor,uponexpirationofthetimeforbillstobecomelawwithoutsignature by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.
If vetoed bythe governorand subsequentlyapprovedbythe legislature, this Act shall become effective on the dayfollowing such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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