RS 9701 - Ensuring access to emergency services for victims of domestic abuse and other crimes; parishes and municipalities; prohibited ordinances
A. This Chapter shall be known and may be cited as the "Ensuring Access to Emergency Services for Victims of Domestic Abuse and other Crimes Act".
B.(1) The legislature hereby finds and declares that an increasing number of citizens of the state of Louisiana are becoming victims of crime, particularly domestic abuse, and that the trauma of repeated victimization can produce family disharmony, promote a pattern of escalating violence, and create an emotional atmosphere that is not conducive to healthy living.
(2) The legislature also finds that it is necessary to support the efforts of crime victims in seeking the assistance of law enforcement and other emergency officials so that crime victims do not refrain from contacting such officials due to the fear of retaliation, including financial penalties and the loss of accessible housing.
(3) The legislature finds it necessary to prohibit parishes and municipalities in the state from enacting ordinances that discourage crime victims from contacting law enforcement or other emergency officials for needed assistance.
C. As used in this Section, the following words and phrases shall have the meaning ascribed to them in this Subsection, except as otherwise may be provided or unless a different meaning is plainly required by the context:
(1) "Crime" means an act or omission to act as provided in R.S. 46:1805.
(2) "Domestic abuse" has the same meaning as provided in R.S. 46:2132.
(3) "Penalty" means a charge, fine, fee, or other monetary assessment.
D. Notwithstanding any other provision of law to the contrary, no parish or municipality shall enact any ordinance that imposes a penalty on any person for contacting law enforcement or other emergency officials to request assistance with an incident involving domestic abuse or any other crime in which such person, or other persons, suffered a property loss, personal injury, or death or had a reasonable belief that assistance was needed in order to prevent property loss, personal injury, or death.
E. Notwithstanding any other provision of law to the contrary, no parish or municipality shall enact any ordinance that imposes a penalty on any property owner of a leased premise if a tenant of the property owner, or someone acting on behalf of the tenant, contacts law enforcement or other emergency officials to request assistance at such leased premise with an incident involving domestic abuse or any other crime in which such tenant, or other persons, suffered a property loss, personal injury, or death or had a reasonable belief that assistance was needed in order to prevent property loss, personal injury, or death.
F. Notwithstanding any other provision of law to the contrary, no parish or municipality shall adopt any ordinance that authorizes the eviction of a tenant by a property owner of a leased premise or the termination or suspension of a rental agreement signed by a tenant as result of such tenant, or persons acting on behalf of such tenant, contacting law enforcement or other emergency officials to request assistance at such leased premise with an incident involving domestic abuse or any other crime in which such tenant, or other persons, suffered a property loss, personal injury, or death or had a reasonable belief that assistance was needed in order to prevent property loss, personal injury, or death.
G. If a parish or municipality takes action against any person pursuant to an ordinance enacted in violation of this Section, such person may bring a civil action and seek an order from a court of competent jurisdiction for any of the following remedies:
(1) An order requiring the parish or municipality to cease and desist the unlawful action.
(2) Payment of compensatory damages, provided that such person shall make a reasonable effort to mitigate any damages.
(3) Payment of court costs.
(4) Other equitable relief.
Acts 2015, No. 353, §1, eff. June 29, 2015.
NOTE: See Acts 2015, No. 353, §2, regarding effect of this Section on ordinances adopted prior to June 29, 2015.