HB 294 — TRESPASS: Provides places of worship the right to remove disruptive individuals

HLSENROLLED 26RS-881 REENGROSSED Regular Session HOUSE BILL NO.

BLANC, THOMPSON, VILLIO, WILDER, AND WYBLE TRESPASS:AN ACT To amend and reenact R.S.

Provides places of worship the right to remove disruptive individuals AN ACT To amend and reenact R.S.

The Legislature of Louisiana finds that churchchurches or other placeplaces of worship are private propertypropertydedicated dedicated to the free exercise of religion, that religious assembliesareprotectedbytheConstitutionoftheUnitedStatesandtheConstitution of Louisiana, and that the right to exclude disruptive and potentially violent individuals may be necessary to facilitate the free exercise Thereligion.

B.

Any religious leader, authorized security team member, or person lawfullypresentandpermittedonthepremisesofachurchorotherplaceofworship may request that a person leave the premises if the person is committing criminal trespass pursuant to R.S.

14:63 or is engaged in a substantial disruption.

Such request shall constitute notice for purposes of criminal trespass law.

HLS 26RS-881 REENGROSSED HB NO.

294 C.ENROLLED B.

AAnyreligious lawfullypermittedleader,authorized securityteam member, or person mayemploywho reasonableis forcelawfully whenon usedthe inpremises accordanceof witha church or other place of worship may request that a person leave the following:premises if the person is committing criminal trespass pursuant to R.S.

(1)14:63 Toor preventis aengaged forciblein offense against a personsubstantial lawfullydisruption. present on the premises.

A verbal request to leave the premises shall constitute notice to the person that he is not authorized to be present.

C.

Any person who is lawfully on the premises may use reasonable and apparently necessary force when used in accordance with the following:

(1) To prevent a forcible offense against a person who is lawfully on the premises.

D.(1) When force or violence is used to prevent criminal trespass or the disruption of worship services, or any other activity at the church or other place of worship,worship,theuseofforcebyapersonwhoislawfullyonthepremisesshallbelimited the lawfully permitted person is limited to thean useamount ofreasonably forceand reasonablyapparently necessary to terminate the trespass or substantial disruption, or force proportionate to that used bybythe the person committing the trespass or causing the disruption.

(2) Nothing in this Section shall be construed to authorize the use of deadly force except where otherwise permittedallowed bylaw for purposes of self-defense.

E.(1) AAny lawfullyperson permittedwho personis onlawfullyon the premises who uses reasonable,reasonable limited, and necessaryapparentlynecessaryforcepursuanttothisSectionandtheorganizationwhichowns force pursuant to this Section and the organization which owns or leases the premises for religious activities shall not be liable in tort to anyanyperson person for the use of such force.

(2) A request made pursuant to Subsection B of this Section and the continued presence of a person who is trespassing shall constitute an affirmative defense foragainst any arrestcriminal or civil action arisingbrought outagainst ofa person who was lawfully on the usepremises ofand used reasonable and apparently necessary force to terminate a criminal trespass.

(3)Page The2 provisions of this5 SubsectionCODING: do not apply if any of the following occur:

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HB NO.

294 ENROLLED (3) The provisions of this Subsection do not apply if any of the following occur:

Page(4) 2In any civil action arising from the use of 5force CODING:against a trespasser pursuanttothisSection,adefendantwhoiseitherapersonwhowaslawfullypresent on the premises or a religious organization may file a motion asserting immunity from suit.

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscoredUpon arethe additions.filing of the motion, the court shall conduct a pretrial immunity hearing.

HLSIf 26RS-881the REENGROSSEDcourt HBdetermines NO.by a preponderance of the evidence that the defendant is entitled to immunity, the court shall dismiss the action.

294 (4) In anycriminal or civil action arisingfrom the use of force bya lawfully present person against a trespasser pursuant to this Section, whether the defendant is an individual or the religious organization, upon motion, the court shall conduct a pretrial immunity hearing.

If immunity is established by a preponderance of the evidence, the action shall be dismissed.

(a)Page Physically3 obstructs or attempts to obstruct a religious service or other activity taking place at a church or other place of worship.5 CODING:

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HB NO.

294 ENROLLED (a) Physically obstructs or attempts to obstruct a religious service or other activity taking place at a church or other place of worship.

PageSection 32. of 5 CODING:

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HLS 26RS-881 REENGROSSED HB NO.

294 Section 2.

32:1(40) when the conflict began, against a person who is attempting, or who has made, to make an unlawful entryintoentry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, premises or motor vehicle as described in this Section, and the person using the force or violence reasonably believes that the use of force or violence is necessary to prevent the entry or to compel the intruder to leave the dwelling, place of business, premises or motor vehicle.

B.Page 4 of 5 CODING:

For the purposes of this Section, there shall be a presumption that a person lawfully inside a dwelling, place of business, church or other place of worship, or motor vehicle held a reasonable belief that the use of force or violence was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the premises or motor vehicle, if both of the following occur: