Protection of freedom of worship; limitation of liability

§5233.2. Protection of freedom of worship; limitation of liability A. The Legislature of Louisiana finds that churches or other places of worship are private property dedicated to the free exercise of religion, that religious assemblies are protected by the Constitution of the United States and the Constitution of Louisiana, and that the right to exclude disruptive and potentially violent individuals may be necessary to facilitate the free exercise of religion. The Legislature of Louisiana further finds that clarification of existing statutory authority is in the furtherance of justice and the free exercise of religion. B. Any religious leader, authorized security team 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, the use of force by a person who is lawfully on the premises shall be limited to an amount reasonably and apparently necessary to terminate the trespass or substantial disruption, or force proportionate to that used by the 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 by law for purposes of self-defense. E.(1) Any person who is lawfully on the premises who uses reasonable and apparently necessary force pursuant to this Section and the organization which owns or leases the premises for religious activities shall not be liable in tort to any person 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. (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 unlawfully and unnecessarily. (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 pursuant to this Section, a defendant who is either a person who was lawfully present on the premises or a religious organization may file a motion asserting immunity from suit. Upon the filing of the motion, the court shall conduct a pretrial immunity hearing. If the court determines by a preponderance of the evidence that the defendant is entitled to immunity, the court shall dismiss the action. 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) Supersede any other 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 a religious organization that is used for organized religious worship or other religious activities. (2) "Religious leader" means a pastor, minister, priest, deacon, rabbi, imam, trustee, elder, or any other person formally recognized by a church or other place of worship as having authority to maintain order during a religious service. (3)(a) "Substantial disruption" means conduct that does any of the following: (i) Physically obstructs or attempts to obstruct a religious service or other activity taking place at a church or other place of worship. (ii) Prevents or materially interferes with the ability of a person to participate in religious worship or other activity taking place at a church or other place of worship. (iii) Continues after a lawful directive to cease such conduct. (b) "Substantial disruption" does not include peaceful activity conducted outside the premises that does not obstruct access to or from the premises. Acts 2026, No. 148, §1.