Adds armed security officer as an authorized person subject to a limitation of liability under certain circumstances
Adds armed security officer as an authorized person subject to a limitation of liability under certain circumstances
House Bill 71 enacts a new provision in Louisiana's Civil Code that expands the definition of "authorized person" under the state's limitation of liability statute for justified use of force. Specifically, the bill adds armed security officers to the category of persons who may claim protection from civil liability when they discharge a firearm in self-defense or in the justified use of force. The bill creates R.S. 9:2793.12(A)(3) by cross-referencing existing definitions and regulatory requirements from the licensing provisions governing private security officers in Louisiana Revised Statutes Title 37. An armed security officer becomes an "authorized person" for purposes of liability protection only if three conditions are met: the officer must satisfy the definition provided in R.S. 37:3272(A)(2), must complete the training requirements specified in R.S. 37:3284(B)(2), and must hold an active armed registration card issued by the Louisiana State Board of Private Security Examiners.
Armed security officers who meet these statutory qualifications gain access to civil liability protection that was previously available only to other categories of authorized persons. When such an officer uses force or discharges a firearm under circumstances that constitute justified self-defense or justified use of force, the officer becomes eligible for the limitation of liability afforded by R.S. 9:2793.12. This means armed security officers can defend themselves more effectively in civil litigation by invoking the statutory protection against damages claims arising from their justified use of force. The practical effect extends to security companies employing these officers, as the liability protection may reduce their exposure to certain civil claims related to employee conduct when that conduct falls within the justified use of force framework. Individuals or entities bringing civil suits against armed security officers must contend with this statutory bar to recovery.
This legislation operates within Louisiana's existing framework for regulating private security professionals and protecting individuals who lawfully use force. The bill integrates armed security officers into the liability protection scheme already established in R.S. 9:2793.12, which provides a civil remedy limitation for concealed handgun permit holders and other previously designated authorized persons. By cross-referencing the licensing and training standards in Title 37, the bill ensures that only security officers who have met state regulatory requirements and completed mandatory training can claim the liability protection. This approach maintains consistency with Louisiana's regulatory structure by tying civil liability protection to professional licensing requirements rather than creating a separate or less stringent standard for security personnel.
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