HB 1238

ENROLLED
 2026 Regular Session
  ACT No. 342
 HOUSE BILL NO. 1238        (Substitute for House Bill No. 422 by Representative McMakin)
 BY REPRESENTATIVE MCMAKIN
1AN ACT
2 To amend and reenact R.S. 14:35(B) and 38(B) and to enact Part III of Chapter 3 of Title 23
3of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 23:271 through
4274, relative to workplace violence in retail and food service establishments; to
5provide a short title; to provide definitions; to prohibit workplace violence against
6an employee of a regulated establishment; to provide enhanced penalties for
7offenders who commit certain crimes against an employee of a regulated
8establishment; to provide for signage; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10Section 1. R.S. 14:35(B) and 38(B) are hereby amended and reenacted to read as
11 follows:
12§35. Simple battery
13*       *  *
14B.(1) Whoever commits a simple battery shall be fined not more than one
15thousand dollars or imprisoned for not more than six months, or both.
16(2) Whoever commits a simple battery against an employee of a regulated
17establishment shall be fined not more than two thousand dollars or imprisoned, with
18or without hard labor, for not more than two years, or both.
19*       *  *
20§38. Simple assault
21*       *  *
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 HB NO. 1238  ENROLLED
1B.(1) Whoever commits a simple assault shall be fined not more than two
2hundred dollars, or imprisoned for not more than ninety days, or both.
3(2) Whoever commits a simple assault against an employee of a regulated
4establishment shall be fined not more than one thousand dollars or imprisoned for
5not more than six months, or both.
6Section 2. Part III of Chapter 3 of Title 23 of the Louisiana Revised Statutes of 1950,
7 comprised of R.S. 23:271 through 274, is hereby enacted to read as follows:
8      PART III. THE LOUISIANA BEHIND THE COUNTER PROTECTION ACT
9§271. Short title
10This Part shall be known and may be cited as the "Louisiana Behind the
11Counter Protection Act".
12§272. Definitions
13As used in this Part, the following terms have the meanings ascribed to them:
14(1) "Department" means Louisiana Works.
15(2) "Employee" means an employee who engages in duties at or behind a
16checkout station, service counter, drive-through window, customer service desk, or
17similar place or structure utilized as the point of transaction for an employee and a
18customer.
19(3) "Workplace violence" means any act of violence or credible threat of
20violence, including but not limited to assault, battery, robbery, intimidation, verbal
21abuse, threats with a weapon, or any conduct that places an employee in reasonable
22fear of physical harm or is directed at an employee while he is performing his duties
23at a regulated establishment.
24§273. Prohibition against workplace violence; penalties
25No person shall commit the offense of workplace violence against an
26employee of a regulated establishment. Whoever commits the offense of workplace
27violence against an employee of a regulated establishment shall be charged with any
28of the following crimes as appropriate:
29(1) Simple assault as defined in R.S. 14:38(B)(2).
30(2) Simple battery as defined in R.S. 14:35(B)(2).
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HB NO. 1238  ENROLLED
1§274. Signage
2A. A regulated establishment may display at its premises at least one sign
3that contains the following statement in forty-eight point boldface font:
4    "WARNING: Workplace violence against an employee is a crime and will not be
5  tolerated. Such acts may result in arrest and criminal conviction under Louisiana law."
6B. The department shall prescribe and furnish a sign that conforms with the
7specifications provided for in Subsection A of this Section. The department shall
8make the sign readily accessible for or distribute the sign to a regulated
9establishment.
  SPEAKER OF THE HOUSE OF REPRESENTATIVES
  PRESIDENT OF THE SENATE
  GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.