Having worked rescue and relief operations since the floods of 2016, and seeing what's going on all up and down the east coast, I think something like this has been coming for a long time.
A) During a natural disaster, state of emergency or any other type of declared or undeclared emergency,
1 ) No government agent or agency may suspend the natural rights, rights enumerated in the Constitution of the United States, rights enumerated in the constitution of the State of Louisiana, or any other rights, enumerated or unenumerated, without probable cause to suspect criminal activity.
2) No government agent or agency, acting in their official duty, may approach a citizen with the intent to disarm, search, seize, detain or confiscate firearms or property, without probable cause to suspect imminent criminal activity. Refusal to speak to a government official shall not constitute suspicion of criminal activity, nor shall the carrying of firearms constitute criminal activity.
3) No government agent, with their weapon drawn and being used in a threatening manner, may approach a citizen or use any violence upon citizens, unless there is imminent suspicion of criminal activity and the government agent may articulate factual, verifiable, reasonable, evidence of why they felt their life or the lives of others was in imminent danger. Possession of firearms, alone, shall not constitute criminal activity or suspicion of imminent danger.
4) No government agent may use RS 14:108 as the primary or only reason for approaching, detaining or arresting a citizen.
5) The following inexhaustible list, in any combination, shall not constitute criminal activity in regard to this statute: possession of firearms, as recognized by the Second Amendment, use of speech as recognized by the First Amendment, travel through the air or water, by any means, or on a publicly owned street, highway or property, or any normally lawful use thereof, by any means.
B) Should any government agent violate any of the subsections of section A of this statute and be found guilty in a court of law, within this state,
1 ) Each violation shall be considered individually. In situations where a government official has taken the oath off office, a violation shall be considered a breach of their oath and public faith and they shall not only receive the punishment specified below, but, in addition, suffer any penalty wrongfully imposed upon their victims, short of execution.
2 ) Violators:
a ) Shall receive not less than 1 year and 1 day in prison, with hard labor for each offense.
b ) Shall not be eligible for early release in any form, nor shall they be eligible for a reduced sentence through a "plea deal" of any kind.
c ) Shall not be eligible to hold any public office or accept employment by any public entity, within the state or as a representative of the state.
d ) Shall not be eligible for qualified immunity.
3 ) Any restitution shall be paid to the victim or their surviving descendants, in full, by the agency the agent was representing at the time of the violation, within a period of 3 years, from the time of conviction. A monetary fine of $10,000 per week shall be imposed upon the responsible agency, starting 3 years and 1 day from the time of conviction, paid entirely to the victim or their surviving descendants. No state or local taxes, at any time, may be imposed upon the restitution.
4 ) The offending agent shall be responsible for any and all reimbursements to their agency for their violation of Section A of this statute and the subsequent damages. Repayment and scheduling shall be determined by the court at the time of sentencing.
5 ) Suspected violators of section A of this statute may not return to active employment or hold any position of responsibility in this state, until and unless they are fully cleared of their suspected violations, and found completely innocent, through a criminal court in this state. Within six months of reinstatement, they shall receive any back-pay withheld during their suspension.
C ) No government agent or agency, within this state, shall cooperate with any federal agent or agency who violates section A of this statute and shall resist, with deadly force, if necessary.
D ) Law enforcement agents of this state shall be bound to defend any citizen(s) against the violation of section A of this statute and detain or arrest any suspected violator(s) or resist any such violation with deadly force, if necessary and any agent who so violates section A of this statute shall immediately forfeit any rights, privileges and authority granted by such position.
E ) Any agent of the state or subdivision thereof, enacting section D of this statute shall be considered a whistleblower. Whistleblowers who act under the reasonable suspicion that section A of this statute is or was violated, immediately invoking section D of this statute, may not be demoted, have pay withheld, be terminated or otherwise, in a professional manner, be treated negatively in any other way,
F ) Any agent of the state or subdivision thereof, not in law enforcement, who immediately reports a violation of section A of this statute shall be considered a whistleblower and shall be afforded the same provisions as sections E and G of this statute.
G ) Whistleblower status, in accordance with this statute, may not be used as a disqualification factor for any future volunteer work, promotions, raises or employment. No employer may report whistleblower status negatively to the prospective employer of a whistleblower. The state and all subdivisions shall immediately consider, speak of, and promote whistleblower status, in accordance with this statute, in a positive manner and shall refrain from using whistleblower status disparagingly.
1 ) Anyone found to have violated this section shall be fined a monetary amount not less than $250 and not more than $250,000. In the event a whistleblower has suffered damages because of a violation section G of this statute, in addition to the previous fine of this section, the offending party shall repay any court costs, attorney's fees and damages incurred by the whistleblower.
2 ) Any public official found to have violated this section shall be immediately terminated from employment and shall not be eligible for employment by any public entity within the State of Louisiana.
H ) Law enforcement agencies or agents within this state, when applicable,
1 ) Are required to teach this statute to all new law enforcement employees.
2 ) Provide continuing education to existing law enforcement employees, at minimum, yearly, regarding this statute.
3 ) During an emergency, not limited to but specified in Section A of this statute, Law enforcement agents may not enter duty without reading this statute, in entirety, at least once. A reminder of this statute shall be announced to every law enforcement agent, before every shift begins, throughout the duration of the emergency.
I ) "I was following orders", "I was doing my job", any iteration thereof or ignorance of the law shall not be an admissible defense at trial.
J ) No part of this statute may be construed to hold any agent or agency operating within this state responsible or duty bound to forcibly detain, evacuate, rescue or provide aid to a citizen who has been warned to evacuate or refrain from entering a dangerous area, during a time specified in section A of this statute, although, all attempts shall be made to facilitate such a request, when safety, availability of equipment, personnel or resources become available. Further, no part of this statute shall be construed to allow citizens to interfere with lawful government rescue and relief operations, law enforcement investigations or crime scenes within the immediate physical vicinity of government agents conducting operations.
K ) No part of this statute may be construed to allow any government agent to interfere with lawful rescue or relief operations, conducted by civilians.
A) During a natural disaster, state of emergency or any other type of declared or undeclared emergency,
1 ) No government agent or agency may suspend the natural rights, rights enumerated in the Constitution of the United States, rights enumerated in the constitution of the State of Louisiana, or any other rights, enumerated or unenumerated, without probable cause to suspect criminal activity.
2) No government agent or agency, acting in their official duty, may approach a citizen with the intent to disarm, search, seize, detain or confiscate firearms or property, without probable cause to suspect imminent criminal activity. Refusal to speak to a government official shall not constitute suspicion of criminal activity, nor shall the carrying of firearms constitute criminal activity.
3) No government agent, with their weapon drawn and being used in a threatening manner, may approach a citizen or use any violence upon citizens, unless there is imminent suspicion of criminal activity and the government agent may articulate factual, verifiable, reasonable, evidence of why they felt their life or the lives of others was in imminent danger. Possession of firearms, alone, shall not constitute criminal activity or suspicion of imminent danger.
4) No government agent may use RS 14:108 as the primary or only reason for approaching, detaining or arresting a citizen.
5) The following inexhaustible list, in any combination, shall not constitute criminal activity in regard to this statute: possession of firearms, as recognized by the Second Amendment, use of speech as recognized by the First Amendment, travel through the air or water, by any means, or on a publicly owned street, highway or property, or any normally lawful use thereof, by any means.
B) Should any government agent violate any of the subsections of section A of this statute and be found guilty in a court of law, within this state,
1 ) Each violation shall be considered individually. In situations where a government official has taken the oath off office, a violation shall be considered a breach of their oath and public faith and they shall not only receive the punishment specified below, but, in addition, suffer any penalty wrongfully imposed upon their victims, short of execution.
2 ) Violators:
a ) Shall receive not less than 1 year and 1 day in prison, with hard labor for each offense.
b ) Shall not be eligible for early release in any form, nor shall they be eligible for a reduced sentence through a "plea deal" of any kind.
c ) Shall not be eligible to hold any public office or accept employment by any public entity, within the state or as a representative of the state.
d ) Shall not be eligible for qualified immunity.
3 ) Any restitution shall be paid to the victim or their surviving descendants, in full, by the agency the agent was representing at the time of the violation, within a period of 3 years, from the time of conviction. A monetary fine of $10,000 per week shall be imposed upon the responsible agency, starting 3 years and 1 day from the time of conviction, paid entirely to the victim or their surviving descendants. No state or local taxes, at any time, may be imposed upon the restitution.
4 ) The offending agent shall be responsible for any and all reimbursements to their agency for their violation of Section A of this statute and the subsequent damages. Repayment and scheduling shall be determined by the court at the time of sentencing.
5 ) Suspected violators of section A of this statute may not return to active employment or hold any position of responsibility in this state, until and unless they are fully cleared of their suspected violations, and found completely innocent, through a criminal court in this state. Within six months of reinstatement, they shall receive any back-pay withheld during their suspension.
C ) No government agent or agency, within this state, shall cooperate with any federal agent or agency who violates section A of this statute and shall resist, with deadly force, if necessary.
D ) Law enforcement agents of this state shall be bound to defend any citizen(s) against the violation of section A of this statute and detain or arrest any suspected violator(s) or resist any such violation with deadly force, if necessary and any agent who so violates section A of this statute shall immediately forfeit any rights, privileges and authority granted by such position.
E ) Any agent of the state or subdivision thereof, enacting section D of this statute shall be considered a whistleblower. Whistleblowers who act under the reasonable suspicion that section A of this statute is or was violated, immediately invoking section D of this statute, may not be demoted, have pay withheld, be terminated or otherwise, in a professional manner, be treated negatively in any other way,
F ) Any agent of the state or subdivision thereof, not in law enforcement, who immediately reports a violation of section A of this statute shall be considered a whistleblower and shall be afforded the same provisions as sections E and G of this statute.
G ) Whistleblower status, in accordance with this statute, may not be used as a disqualification factor for any future volunteer work, promotions, raises or employment. No employer may report whistleblower status negatively to the prospective employer of a whistleblower. The state and all subdivisions shall immediately consider, speak of, and promote whistleblower status, in accordance with this statute, in a positive manner and shall refrain from using whistleblower status disparagingly.
1 ) Anyone found to have violated this section shall be fined a monetary amount not less than $250 and not more than $250,000. In the event a whistleblower has suffered damages because of a violation section G of this statute, in addition to the previous fine of this section, the offending party shall repay any court costs, attorney's fees and damages incurred by the whistleblower.
2 ) Any public official found to have violated this section shall be immediately terminated from employment and shall not be eligible for employment by any public entity within the State of Louisiana.
H ) Law enforcement agencies or agents within this state, when applicable,
1 ) Are required to teach this statute to all new law enforcement employees.
2 ) Provide continuing education to existing law enforcement employees, at minimum, yearly, regarding this statute.
3 ) During an emergency, not limited to but specified in Section A of this statute, Law enforcement agents may not enter duty without reading this statute, in entirety, at least once. A reminder of this statute shall be announced to every law enforcement agent, before every shift begins, throughout the duration of the emergency.
I ) "I was following orders", "I was doing my job", any iteration thereof or ignorance of the law shall not be an admissible defense at trial.
J ) No part of this statute may be construed to hold any agent or agency operating within this state responsible or duty bound to forcibly detain, evacuate, rescue or provide aid to a citizen who has been warned to evacuate or refrain from entering a dangerous area, during a time specified in section A of this statute, although, all attempts shall be made to facilitate such a request, when safety, availability of equipment, personnel or resources become available. Further, no part of this statute shall be construed to allow citizens to interfere with lawful government rescue and relief operations, law enforcement investigations or crime scenes within the immediate physical vicinity of government agents conducting operations.
K ) No part of this statute may be construed to allow any government agent to interfere with lawful rescue or relief operations, conducted by civilians.
