HB 635

ENROLLED
 2026 Regular Session
  ACT No. 308
 HOUSE BILL NO. 635
 BY REPRESENTATIVES HORTON AND EDMONSTON AND SENATOR HODGES
1AN ACT
2 To enact Part IV-A of Chapter 2 of Title 14 of the Louisiana Revised Statutes of 1950, to be
3comprised of R.S. 14:391 through 391.3, and R.S. 40:2405.10, relative to offenses
4affecting organized government; to provide for legislative intent; to provide for
5definitions; to provide for types of conduct that constitute criminal activity; to
6provide for penalties; to authorize certain training programs; to provide for an
7effective date; and to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9Section 1. Part IV-A of Chapter 2 of Title 14 of the Louisiana Revised Statutes of
10 1950, comprised of R.S. 14:391 through 391.3, is hereby enacted to read as follows:
11PART IV-A. PROTECTION OF CONSTITUTIONAL LIBERTIES
12IN LOUISIANA ACT
13§391. Legislative intent; short title
14A. The legislature hereby finds that certain foreign adversaries and foreign
15terrorist organizations pose a growing threat to the citizens and residents of this state
16based on the practice of extranational enforcement of foreign laws, foreign
17directives, or foreign religious tenets that are contrary to the Constitution of the
18United States and the Constitution of Louisiana and are invoked as a substitute for
19federal or state law. The purpose of this Part is to counter this threat by protecting
20persons in this state from the harassment and repression of liberty and freedom
21caused by these extranational practices.
22B. This Part shall be known and may be cited as the "Protection of
23Constitutional Liberties in Louisiana Act".
24§391.1. Definitions
25For the purposes of this Part, the following terms have the following
26meanings:
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1(1) "Agent of a foreign adversary" means a person, entity, or organization
2directed or controlled by a foreign adversary or who is the proxy of a foreign
3adversary.
4(2) "Agent of a foreign terrorist organization" means a person, entity, or
5group directed or controlled by a foreign terrorist organization or who is the proxy
6of a foreign terrorist organization.
7(3) "Constitutionally protected conduct" means any action or behavior that
8is lawful under the laws of this state or the United States and constitutes the free
9exercise of any of the following:
10(a) Freedom of religion, as protected by the First Amendment of the
11Constitution of the United States of America and Article I, Section 8, of the
12Constitution of Louisiana.
13(b) Freedom of speech or expression, as protected by the First Amendment
14of the Constitution of the United States and Article I, Section 7, of the Constitution
15of Louisiana.
16(c)    The right of assembly or to petition any federal, state, or local
17government entity for the redress of grievances as protected by the First Amendment
18of the Constitution of the United States and Article I, Section 9, of the Constitution
19of Louisiana.
20(4) "Foreign adversary" means any country specified in 15 CFR 791.4 or any
21similar regulation that is subsequently promulgated in the Code of Federal
22Regulations.
23(5) "Foreign law" means any law, rule, or legal code or system established
24and used or applied by a foreign adversary or foreign terrorist organization in a
25jurisdiction outside of the states or territories of the United States.
26(6) "Foreign terrorist organization" means any of the following:
27(a) An entity designated as a foreign terrorist organization in accordance
28with 8 U.S.C. 1189 or any similar law that is subsequently promulgated by the
29United States Department of State.
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1(b) An entity designated as a "specially designated national" in accordance
2with 31 CFR 515.306 or any similar regulation that is subsequently promulgated in
3the Code of Federal Regulations by the United States Department of the Treasury.
4(7) "Transnational repression" means an act emanating from or attributable
5to a foreign adversary or foreign terrorist organization that is committed by an agent
6of that foreign adversary or foreign terrorist organization with the intent to harass,
7intimidate, censor, or otherwise extend the ability of the foreign adversary or foreign
8terrorist organization to influence, control, or impose its preferences on the behavior
9of people outside of the territorial jurisdiction of the foreign adversary through either
10of the following means:
11(a) Directly by means of physical contact, threats, or electronic targeting.
12(b) Indirectly by means of actual or credible threats of collective punishment,
13financial coercion, abuse of administrative processes, selective prosecution of laws
14of general application, the use or direction of social media or telecommunication
15entities, or harassment of others.
16§391.2. Violation; penalties
17A.(1) No agent of a foreign adversary or agent of a foreign terrorist
18organization shall commit any criminal offense in this state while knowingly acting
19at the direction of, on behalf of, or under the influence of a foreign adversary or
20foreign terrorist organization with the intent to do any of the following:
21(a) Coerce a person to act on behalf of a foreign adversary or foreign terrorist
22organization.
23(b) Coerce a person to leave the United States or cause another person to
24leave the United States.
25(c) Cause a person to refrain from engaging in constitutionally protected
26conduct.
27(d) Retaliate against a person for engaging in constitutionally protected
28conduct.
29(2) No person shall intentionally engage in the obstruction, detection,
30investigation, monitoring, or surveillance of another person or governmental entity
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1with the intent to enforce or institute the prosecution of a foreign law in violation of
2the laws of this state or of the United States.
3B.(1) Any person who violates the provisions of Paragraph (A)(1) of this
4Section by committing a criminal offense that is a noncapital felony shall, in addition
5to the penalty for commission of the underlying offense, be punished as follows:
6(a) If the underlying offense is punishable by imprisonment for a term of not
7more than five years, the offender shall be imprisoned with or without hard labor for
8an additional period of one year. The additional penalty imposed pursuant to this
9Subparagraph shall be served consecutively to the sentence imposed for the
10underlying offense.
11(b) If the underlying offense is punishable by imprisonment for a term of
12more than five years but less than fifteen years, the offender shall be imprisoned with
13or without hard labor for an additional period of two years. The additional penalty
14imposed pursuant to this Subparagraph shall be served consecutively to the sentence
15imposed for the underlying offense.
16(2) Whoever violates the provisions of Paragraph (A)(2) of this Section shall
17be punished as follows:
18(a) If the offender was acting as an agent of a foreign adversary or an agent
19of a foreign terrorist organization at the time of the violation, the offender shall be
20fined not more than ten thousand dollars, imprisoned with or without hard labor for
21not less than three years nor more than six years, or both.
22(b) If the offender was not acting as an agent of a foreign adversary or an
23agent of a foreign terrorist organization at the time of the violation, the offender shall
24be fined not more than five thousand dollars, imprisoned with or without hard labor
25for not less than two years nor more than four years, or both.
26§391.3. Application of foreign law; unenforceability
27Any decision from a court, arbitrator, tribunal, or administrative agency that
28is based in whole or in part on foreign law is void and unenforceable in this state if
29it denies a party a liberty, right, or privilege guaranteed by the Constitution of the
30United States or the Constitution of Louisiana.
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1Section 2. R.S. 40:2405.10 is hereby enacted to read as follows:
2§2405.10. Transnational repression recognition and response; training and education
3The Department of Justice, office of the attorney general, Louisiana Bureau
4of Investigation, may provide or adopt a training program for transnational
5repression recognition and response. The program may be obtained from another
6state or federal governmental entity or from a nongovernmental entity that
7specializes in training and educating law enforcement. The training may be updated
8to address emerging threats and specific information on tactics used by specific
9foreign adversaries or foreign terrorist organizations.
10Section 3. The Department of Justice, office of the attorney general, Louisiana
11 Bureau of Investigation may implement the training program authorized in R.S. 40:2405.10
12 as enacted by Section 2 of this Act on or before July 1, 2027.
13Section 4. This Act shall become effective upon signature by the governor or, if not
14 signed by the governor, upon expiration of the time for bills to become law without signature
15 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
16 vetoed by the governor and subsequently approved by the legislature, this Act shall become
17 effective on the day following such approval.
  SPEAKER OF THE HOUSE OF REPRESENTATIVES
  PRESIDENT OF THE SENATE
  GOVERNOR OF THE STATE OF LOUISIANA
 APPROVED:
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