SB 39: LIABILITY: Provides for limitation of liability of public entities for false imprisonment of an offender sentenced to a term of imprisonment. (8/1/25) - Louisiana

Senate Floor Bureau Note, #2002, Morris, Jay, Adopted → SB39 Act · 4 edits

MODERATE

This bill amends Louisiana law to clarify that public entities are not liable for false imprisonment claims arising from an offender's sentence calculation, release date, or parole date. It establishes a mandatory legal process requiring offenders to exhaust administrative and judicial remedies before filing a lawsuit, ensuring that claims about sentence computations are handled through the existing Prison Litigation Reform Act framework rather than civil court.

Scope change

The bill narrows the scope of civil liability for public entities by creating a specific exemption for claims related to sentence calculations and release dates, which must now be pursued through a specific administrative and judicial review process.

DEFINITION

Added specific definitions for 'Department', 'Offender', 'False imprisonment', and 'Bona fide termination' to clarify the scope of the new liability rules.

REQUIREMENT

Established a new requirement that civil lawsuits for false imprisonment regarding sentence calculations can only proceed after the offender obtains a 'bona fide termination' of the underlying administrative or judicial proceedings.

ENFORCEMENT

Mandated that any civil action filed while administrative proceedings are ongoing or after the offender fails to pursue the required challenge process must be dismissed.

ELIGIBILITY

Modified the eligibility for filing civil suits by restricting them for sentence-related claims to only those who have completed the specific administrative challenge process outlined in the Prison Litigation Reform Act.

SB39 Original → Senate Floor Bureau Note, #2002, Morris, Jay, Adopted · 1 edit

MINOR

The amendment modifies the text of the bill to clarify that a prisoner must first obtain a 'bona fide termination' of their legal case before suing a sheriff or the Department of Public Safety and Corrections for false imprisonment. This change ensures the requirement to exhaust legal appeals before filing a lawsuit is explicitly stated in the text, preventing premature lawsuits while the underlying conviction or sentence is still being challenged.

Scope change

The scope of the bill remains focused on limiting liability for public entities regarding false imprisonment, but the procedural requirement for offenders to exhaust appeals before suing is now more explicitly defined in the statute.

REQUIREMENT

Clarified the threshold requirement that an offender must obtain a final, favorable legal decision (bona fide termination) before filing a false imprisonment lawsuit against a sheriff or the Department of Public Safety and Corrections.

SB39 Enrolled → SB39 Original · 5 edits

MODERATE

The bill was renumbered and reclassified from an 'Enrolled' version to an 'Original' draft, indicating it is in the early stages of the legislative process. The substantive text was significantly rewritten to replace specific venue requirements and narrow definitions with broader language that clarifies when imprisonment becomes unlawful and establishes a 'bona fide termination' threshold before lawsuits can proceed.

Scope change

The bill's scope expanded from a narrow focus on specific court jurisdictions and definitions to a broader framework governing when imprisonment is considered illegal and the procedural steps required before an offender can sue for false imprisonment.

TECHNICAL

The document header was changed from 'ENROLLED' to 'ORIGINAL', and the bill number was updated to SLS 25RS-138, reflecting its status as a new draft rather than a final passed version.

DEFINITION

Definitions of 'false imprisonment' and 'unlawful detention' were rewritten to explicitly state that imprisonment only becomes illegal after a court declares it so and the department fails to comply with a court order.

REQUIREMENT

New requirements were added stating that challenges to sentence calculations must be pursued through administrative remedies first, and that findings of miscalculation do not render imprisonment illegal unless the department willfully ignores a court order.

Specific venue requirements mandating that claims be filed in the Nineteenth Judicial District Court in East Baton Rouge were removed.

A new 'bona fide termination' requirement was added, stating that offenders must first exhaust all appeals and have their underlying proceedings concluded on the merits before filing a false imprisonment lawsuit.

SB39 Reengrossed → SB39 Enrolled · 3 edits · Jun 11, 2025

MINOR

The bill transitioned from a 'Reengrossed' draft to the final 'Enrolled' version, removing the legislative summary, digest, and committee amendment history while keeping the core legal text intact. The primary change is the addition of official signatures from the Senate President, House Speaker, and Governor, which certifies the bill as the final law passed by the legislature.

TECHNICAL

Removed the legislative summary, digest, and committee amendment notes that explained the bill's purpose and history.

Added the official signatures of the President of the Senate, Speaker of the House, and Governor to finalize the bill.

Changed the document header from 'REENGROSSED' to 'ENROLLED' to reflect its final status.

SB39 Engrossed → SB39 Reengrossed · 2 edits · Jun 3, 2025

MINOR

The bill was reengrossed to correct minor formatting errors, such as punctuation and capitalization, and to update the document title from 'Engrossed' to 'Reengrossed'. No substantive policy changes, new definitions, or legal requirements were added or removed.

TECHNICAL

Corrected punctuation and capitalization in the legislative findings and section headers.

Updated the document title to reflect that the bill is now in its reengrossed version.

LIABILITY: Provides for limitation of liability of public entities for false imprisonment of an offender sentenced to a term of imprisonment. (8/1/25)

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