Amendment vs bill Senate Floor Amendment, #3210, Morris, Jay, Adopted vs Enrolled

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ENROLLED Regular Session HOUSE BILL NO.
SFAHB294 2352 3210 SENATE FLOOR AMENDMENTS Regular Session Amendments proposed by Senator Morris to Reengrossed House Bill No.
294 BY REPRESENTATIVES FIRMENT, AMEDEE, BACALA, BAYHAM, BERAULT, BILLINGS, CARLSON, CARRIER, CARVER, CHENEVERT, COATES, COX, CREWS, DESHOTEL, DEVILLIER, DEWITT, EDMONSTON, EGAN, GALLE, GLORIOSO, HORTON, MIKE JOHNSON, KERNER, MCCORMICK, MCFARLAND,MELERINE,OWEN,SAWYER,SCHAMERHORN,SCHLEGEL, SPELL, ST.
294 by Representative Firment AMENDMENT NO.
BLANC, THOMPSON, VILLIO, WILDER, AND WYBLE AN ACT To amend and reenact R.S.
1 On page 1, line 17, delete "lawfully present and permitted" and insert "who is lawfully" AMENDMENT NO.
14:19(A)(1)(b)(i) and (2) and (B)(introductory paragraph) and (1) and to enact R.S.
2 On page 1, at the end of line 19 delete "Such" AMENDMENT NO.
13:5233.2, relative to the exercise of religion;
3 On page 1, delete line 20 and insert:
to limit liability of persons protecting the right of religion;
"A verbal request to leave the premises shall constitute notice to the person that he is not authorized to be present." AMENDMENT NO.
to provide for definitions;
4 On page 2, delete line 1 and insert:
and to provide for related matters.
"C.
Be it enacted by the Legislature of Louisiana:
Any person who is lawfully on the premises may use reasonable and apparently necessary force when used in" AMENDMENT NO.
Section 1.
5 On page 2, line 3, delete "lawfully present" and insert "who is lawfully" AMENDMENT NO.
R.S.
6 On page 2, delete line 10 and insert:
13:5233.2 is hereby enacted to read as follows:
"worship, the use of force by a person who is lawfullyon the premises shall be limited to an amount reasonably and apparently" AMENDMENT NO.
§5233.2.
7 On page 2, line 14, change "permitted" to "allowed" AMENDMENT NO.
Protection of freedom of worship;
8 On page 2, delete lines 15 through 22 and insert:
limitation of liability A.
"E.(1) Anyperson who is lawfullyon the premises who uses reasonableand apparentlynecessaryforcepursuanttothisSectionandtheorganizationwhichowns or leases the premises for religious activities shall not be liable in tort to anyperson for the use of such force.
The Legislature of Louisiana finds that churches or other places of worship are private propertydedicated 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.
(2) A request made pursuant to Subsection B of this Section shall constitute an affirmative defense against any criminal or civil action brought against a person who was lawfully on the premises and used reasonable and apparently necessary force to terminate a trespass." AMENDMENT NO.
LegislatureofLouisianafurtherfindsthatclarificationofexistingstatutoryauthority is in the furtherance of justice and the free exercise of religion.
9 On page 3, delete lines 1 through 5 and insert:
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Page 1 of 2 SFAHB294 2352 3210 "(4) In any civil action arising from the use of force against a trespasser pursuanttothisSection,adefendantwhoiseitherapersonwhowaslawfullypresent on the premises or a religious organization may file a motion asserting immunity from suit.
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HB NO.
294 ENROLLED B.
Anyreligious leader,authorized securityteam member, or person who is lawfully on the premises of a church or other place of worship 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.
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.
(2) To physically remove a trespassing person who refuses to leave the premises following a request made pursuant to Subsection B of this Section.
(3) When done in accordance with R.S.
14:19.
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,theuseofforcebyapersonwhoislawfullyonthepremisesshallbelimited to an amount reasonably and apparently necessary to terminate the trespass or substantial disruption, or force proportionate to that used bythe 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 allowed bylaw for purposes of self-defense.
E.(1) Any person who is lawfullyon the premises who uses reasonable and apparentlynecessaryforcepursuanttothisSectionandtheorganizationwhichowns or leases the premises for religious activities shall not be liable in tort to anyperson for the use of such force.
(2) A request made pursuant to Subsection B of this Section shall constitute an affirmative defense against any criminal or civil action brought against a person who was lawfully on the premises and used reasonable and apparently necessary force to terminate a trespass.
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HB NO.
294 ENROLLED (3) The provisions of this Subsection do not apply if any of the following occur:
(a) The use of force was grossly disproportionate to the force used by the criminal trespasser.
(b) Deadly force was used unlawfullyand unnecessarily.
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(c) The person who used force was engaged in any unlawful conduct.
(4) In any civil action arising from the use of force against a trespasser pursuanttothisSection,adefendantwhoiseitherapersonwhowaslawfullypresent on the premises or a religious organization may file a motion asserting immunity from suit.
If the court determines by a preponderance of the evidence that the defendant is entitled to immunity, the court shall dismiss the action.
If the court determines by a preponderance of the evidence that the defendant is entitled to immunity, the court shall dismiss the action." Page 2 of 2
F.
Nothing in this Section shall be construed to do any of the following:
(1) Prohibit the lawful, peaceful protest outside the premises of a church or other place of worship that does not obstruct access to the premises.
(2) Supercede anyother provision of law related to self-defense.
(3) Limit the authority of law enforcement.
(4) Limit constitutional free speech or free exercise of religion.
G.
For the purposes of this Section, the following terms have the following meanings:
(1) "Church or other place of worship" means any building, structure, or outdoor private property that is owned, leased, or otherwise lawfully possessed by areligiousorganizationthatisusedfororganizedreligiousworshiporotherreligious activities.
(2) "Religious leader"meansapastor,minister,priest,deacon,rabbi,imam, trustee, elder, or anyother person formallyrecognized bya church or other place of worship as having authority to maintain order during a religious service.
(3) "Substantial disruption" means conduct that does any of the following:
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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.
(b) Preventsormateriallyinterfereswiththeabilityofapersontoparticipate in religious worship or other activity taking place at a church or other place of worship.
(c) Continues after a lawful directive to cease such conduct.
(4) "Substantial disruption" does not include peaceful activity conducted outside the premises that does not obstruct access to or from the premises.
Section 2.
R.S.
14:19(A)(1)(b)(i) and (2) and (B)(introductory paragraph) and (1) are herebyamended and reenacted to read as follows:
§19.
Use of force or violence in defense * * * A.(1) The use of force or violence upon the person of another is justifiable under either of the following circumstances:
* * * (b)(i) When committed by a person lawfully inside a dwelling, a place of business,achurchorotherplaceofworshipasdefinedin R.S.
13:5233.2, oramotor vehicle as defined in R.S.
32:1(40) when the conflict began, against a person who is attempting, or who has made, to make an unlawful entry 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.
* * * (2) TheprovisionsofParagraph(1)ofthisSectionshallSubsectiondoesnot apply where the force or violence results in a homicide.
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HB NO.
294 ENROLLED B.
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 necessaryto prevent unlawful entry thereto, or to compel an unlawful intruder to leave the premises or motor vehicle, if both of the following occur:
(1) The person against whom the force or violence was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling, place of business, church or other place of worship, or motor vehicle.
* * * SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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