Provides relative to criminal activity committed by an agent of a foreign adversary or an agent of a foreign terrorist organization (OR SEE FISC NOTE GF EX)

HB 635 creates four new criminal offenses codified in Part IV-A of Title 14 and amends Title 40 of the Louisiana Revised Statutes. The bill establishes the Protection of Constitutional Liberties in Louisiana Act with the primary purpose of criminalizing conduct by agents of foreign adversaries or foreign terrorist organizations that targets Louisiana residents. The first offense prohibits agents of foreign adversaries or foreign terrorist organizations from committing noncapital felonies while knowingly acting at the direction or on behalf of such entities with intent to coerce persons to act for foreign entities, coerce persons to leave the United States, cause persons to refrain from constitutionally protected conduct, or retaliate against persons for engaging in protected conduct. The second offense prohibits any person from intentionally obstructing, detecting, investigating, monitoring, or surveilling another person or governmental entity with intent to enforce or prosecute foreign law in violation of state or federal law. A third provision voids and renders unenforceable any decision from a court, arbitrator, tribunal, or administrative agency based in whole or in part on foreign law if that decision denies a party liberty, right, or privilege guaranteed by the U.S. or Louisiana Constitution. The bill also authorizes the Louisiana Bureau of Investigation to develop or adopt a training program on transnational repression recognition and response by July 1, 2027.

The practical impact of this legislation affects law enforcement, individuals targeted by foreign state actors, and the judicial system. Prosecutors may charge agents of foreign adversaries with enhanced penalties ranging from one to two additional years of imprisonment beyond the underlying offense sentence, depending on the severity of the initial crime. Individuals who engage in surveillance or obstruction activities on behalf of foreign entities face imprisonment of two to six years and fines up to ten thousand dollars if acting as foreign agents, or two to four years imprisonment and fines up to five thousand dollars if not acting as foreign agents at the time of violation. The law protects Louisiana residents, particularly diaspora communities and political dissidents, from harassment, intimidation, and coercion by agents acting on behalf of hostile foreign governments. Courts and administrative agencies must review and potentially invalidate foreign law-based decisions that conflict with constitutional protections. Law enforcement agencies gain authority to develop specialized training programs addressing emerging tactics used by specific foreign adversaries and terrorist organizations.

This legislation operates within the existing framework of Louisiana criminal law while drawing definitions from federal law and regulations. The bill references 15 CFR 791.4 to define foreign adversaries, incorporating the Commerce Department's designation of countries subject to export controls, and references 8 U.S.C. 1189 and 31 CFR 500.306 to define foreign terrorist organizations based on federal designations by the State Department and Treasury Department. The statute applies these federal definitions to state criminal law, making federal foreign policy determinations relevant to Louisiana prosecution decisions. The bill protects constitutionally protected conduct as defined in the First Amendment and Articles I, Sections 7, 8, and 9 of the Louisiana Constitution, ensuring that no person can be prosecuted under state law for exercising fundamental freedoms. The void and unenforceable provision regarding foreign law decisions relates to the Supremacy Clause and state sovereignty principles, establishing that Louisiana will not recognize or enforce decisions based on foreign legal systems that conflict with constitutional guarantees. The effective date provision operates under Article III, Section 18 of the Louisiana Constitution regarding gubernatorial signature and veto procedures.