Louisiana
HB 727: NEW PENALTIES FOR PROTESTS NEAR GAS AND OIL PIPELINES
Targets protests around gas and oil pipelines by expanding the definition of "critical infrastructure" and providing for the offense of "unauthorized entry of a critical infrastructure." Under the law, "critical infrastructure" is amended to include "pipelines," "any site where the construction or improvement of [pipelines or any other listed infrastructure facility] is taking place," as well as "all structures, equipment, or other immovable or movable property located within or upon" such facilities. Unauthorized entry onto critical infrastructure property as defined above is punishable by imprisonment with or without hard labor for up to five years and a fine of $1,000. As originally introduced, the law included a new crime of "conspiracy to engage in unauthorized entry" of a critical infrastructure facility, punishable by imprisonment with or without hard labor for up to five years and a fine of $10,000, such that individuals who only planned to hold a peaceful protest on infrastructure property could be prosecuted. The amended and enacted version of the bill removed the provisions on conspiracy, however. In addition, prior to the law's enactment, provisions were added to mandate that the law would not apply to "[l]awful assembly and peaceful and orderly petition, picketing, or demonstration for the redress of grievances or to express ideas or views regarding legitimate matters of public interest."
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See full text of bill here)
Status: enacted
Introduced 26 Mar 2018; Approved by House 12 April 2018; Approved by the Senate 8 May 2018; Signed into law by Governor Edwards 30 May 2018
Issue(s): Infrastructure, Trespass
Louisiana
HB 205: New racketeering penalties for protesters
Would add several protest-related offenses to the underlying crimes that can be prosecuted under Louisiana’s racketeering law, which carries steep penalties. The nine offenses added to the racketeering law under the bill include “riot,” “inciting to riot,” and “criminal damage to historic buildings or landmarks by defacing with graffiti.” Louisiana law defines “riot” broadly, requiring no actual violence or damage but three or more people engaged in a “public disturbance” that creates a “danger of injury or damage” by an “imminent threat of tumultuous and violent conduct.” As such, individuals who participate in tumultuous protests, or who “incite” others to participate in them, could be charged with a violation of Louisiana’s racketeering law if they did so more than once and as part of an enterprise with others. Racketeering violations are punishable by up to 50 years in prison with hard labor and a one million dollar fine. The bill also adds “criminal damage to a critical infrastructure” to the racketeering law, such that certain civil disobedience actions near pipelines and other infrastructure could be covered as well.
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See full text of bill here)
Status: pending
Introduced 26 Feb 2024; Approved by House 2 April 2024
Issue(s): Conspiracy, Infrastructure, Riot
Louisiana
HB 101: New legal justification for killing protesters
Would amend Louisiana's law on "justifiable homicide," allowing individuals who kill someone to be absolved if the killing was committed "for the purpose of preventing imminent destruction of property or imminent threat of tumultuous and violent conduct during a riot." If enacted, the provisions could encourage deadly confrontations at protests. (See full text of bill here)
Status: defeated / expired
Introduced 21 Feb 2022.
Issue(s): Riot, Stand Your Ground
Louisiana
HB 197: New penalties for protests near critical infrastructure
Would build on a 2018 law that heightened penalties for protesters near pipelines and other "critical infrastructure"(see HB 727). The bill further expands the definition of "critical infrastructure" to include "water control structures, including floodgates or pump stations." This would expand the universe of places where protesters could face felony charges and 5 years in prison for "unauthorized entry of a critical infrastructure" e.g. for protests near dams and levees, as well as such structures that are under construction. The bill also provides heightened penalties for "unauthorized entry of a critical infrastructure" during a state of emergency: Under the bill, if a state of emergency is in effect, unauthorized entry onto critical infrastructure (for instance during a peaceful protest) is punishable by at least 3 and up to 15 years imprisonment, along with a fine of $5,000-$10,000. As such, protesters could face even harsher penalties for protesting on infrastructure property or infrastructure construction sites during a state of emergency. (See full text of bill here)
Status: defeated / expired
Introduced 24 Feb 2020; Approved by House 22 May 2020; Approved by Senate 29 May 2020; Vetoed by Governor Edwards 12 June 2020
Issue(s): Infrastructure, State of Emergency, Trespass
Louisiana
HB 269: Mandatory sanctions for campus protesters
Would have created mandatory disciplinary sanctions that could be applied to peaceful protesters on college and university campuses. The bill prohibits "protests and demonstrations that infringe upon the rights of others to engage in or listen to expressive activity" on college campuses. In addition, the bill requires public colleges to suspend for at least one year or expel any student found responsible for infringing the expressive rights of others, including by protesting. (See full text of bill here)
Status: defeated / expired
Introduced 30 Mar 2017; Vetoed by Governor Edwards 27 June 2017
Issue(s): Campus Speech
