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ACT No. 1892026 Regular Session
HOUSE BILL NO. 1034
BY REPRESENTATIVE BACALA
1 AN ACT
2 To enact R.S. 14:329.9, relative to offenses affecting the public generally; to authorize the
3 establishment of temporary protection zones; to provide for information to be
4 disseminated regarding temporary protection zones; to provide relative to the
5 duration of a temporary protective zone; to provide for penalties; to provide for a
6 limitation; to provide for effectiveness; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 14:329.9 is hereby enacted to read as follows:
9 §329.9. Temporary protection zones; establishment; penalties
10 A. The parish president, mayor, sheriff, chief of police, or chief executive
11 officer of a political subdivision may, when necessary to ensure public safety, issue
12 a proclamation that establishes one or more temporary protection zones within the
13 territorial jurisdiction of the political subdivision. A temporary protection zone may
14 include highways, shorelines, waterways, or other areas within the jurisdiction of the
15 issuing authority.
16 B.(1) Any proclamation that establishes a temporary protection zone shall
17 be in writing and contain all of the following:
18 (a) The circumstances that necessitate the establishment of the temporary
19 protection zone.
20 (b) The geographic boundaries of the temporary protection zone, with
21 sufficient specificity to provide reasonable notice to the public.
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1 (c) The date and time when the proclamation of the temporary protection
2 zone takes effect.
3 (d) A description of the restrictions on access to or activity within the
4 temporary protection zone.
5 (2) The proclamation shall be given prompt and general publicity and shall
6 be filed with the clerk of court's office.
7 C. A temporary protection zone established pursuant to this Section shall
8 remain in effect only as long as necessary to ensure the security of the area and shall
9 not remain in effect for longer than seventy-two hours from the date and time of
10 issuance. Nothing in this Section prohibits the issuing authority from establishing
11 a new temporary protection zone upon the expiration of a previously established
12 zone, provided that the establishment of the zone is still warranted pursuant to
13 Subsection A of this Section.
14 D. A person who, after being advised of the establishment of a temporary
15 protection zone pursuant to this Section, violates any provision of the proclamation
16 that established the zone or any lawful directive given by a law enforcement officer
17 relating to the enforcement of the zone shall be punished as follows:
18 (1) If the violation involves the wrongful use of public property, the offender
19 shall be fined not more than five hundred dollars or imprisoned for not more than six
20 months, or both.
21 (2) If the violation involves serious bodily injury or property damage in
22 excess of five thousand dollars, the offender shall be imprisoned at hard labor for not
23 more than five years.
24 (3) If the violation involves the death of any person, the offender shall be
25 imprisoned at hard labor for not more than twenty-one years.
26 E. This Section does not grant a parish president, mayor, sheriff, chief of
27 police, or chief executive officer of a political subdivision the authority to act in a
28 manner inconsistent with R.S. 40:1796.
29 Section 2. This Act shall become effective upon signature by the governor or, if not
30 signed by the governor, upon expiration of the time for bills to become law without signature
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1 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
2 vetoed by the governor and subsequently approved by the legislature, this Act shall become
3 effective on the day following such approval.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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