RELEASE: New Laws Go Into Effect in Louisiana to Protect People’s Constitutional Rights
FOR IMMEDIATE RELEASE–August 1, 2022
Among the numerous new laws that go into effect in Louisiana today are Acts 391 and 473, which rely on U.S. constitutional jurisprudence to protect people from unreasonable incarceration and searches of their home.
BATON ROUGE, LA | August 1, 2022—Most new laws passed by Louisiana legislators during the annual legislative session go into effect on August 1. Included among the numerous laws that will become official today are Act 391, which upholds fundamental rights to freedom under the 14 Amendment to the U.S. Constitution, and Act 473, which upholds 4th Amendment protections against unreasonable searches.
Act 391 (House Bill 726) by Rep. Rodney Lyons (D–Harvey) outlaws debt-based incarceration, aka debtors’ prisons, in Louisiana. While the U.S. Supreme Court ruled that debt-based incarceration is a violation of the 14th Amendment in the 1983 Bearden v. Georgia case, it still occurs in Louisiana and elsewhere around the country. And because it continues to persist, there has been a national movement in recent years to officially outlaw it at the state level by passing laws in state legislatures and through rulings by state supreme courts. Now Louisiana has joined that movement.
“With Act 391, we have made it clear that no one should end up in jail in Louisiana because they can’t afford to pay debts to the state,” said Rep. Lyons. “Incarceration only makes the problem worse–along with violating people’s freedoms, it costs the state money to keep someone locked up and, obviously, they aren’t able to earn money to pay debts while in jail. There are plenty of more productive options available, including community service and realistic debt payment plans.”
Act 473 (House Bill 629) by Rep. Marcus Bryant (D–New Iberia) bars law enforcement from using marijuana odor as a pretext for searching someone’s home without a warrant. The 4th Amendment provides, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
“Searching someone’s home without a warrant because you claim to smell marijuana is the definition of an ‘unreasonable search’ and a clear violation of the 4th Amendment” according to Rep. Bryant. “Hopefully this law will bring peace of mind to medical marijuana patients, especially our military veterans, who will now know they are safer from police intrusions into their homes.”
“At Louisiana Progress, we are dedicated to protecting people from being victimized by the state,” said Peter Robins-Brown, executive director of Louisiana Progress. “That’s why we worked closely with Representatives Lyons and Bryant on these two bills. Along with their direct impact on how laws are enforced, we think these Acts will provide comfort to Louisianans who may have worried that their use of a legal medicine or lack of financial resources could result in arrest and imprisonment.”
Acts 391 and 473 were just two of more than 20 bills that Louisiana Progress worked on during the 2022 Louisiana legislative session. You can find a full rundown of all of those bills, as well as a general overview of the entire session, in our recently released 2022 Legislative Session Report.
Who: Rep. Marcus Bryant, Rep. Rodney Lyons, Louisiana Progress, Justice & Accountability Center of Louisiana, Southern Poverty Law Center
What: New laws go into effect in Luisiana to protect people’s constitutional rights
When: August 1, 2022
Contact: Peter Robins-Brown, Executive Director, Louisiana Progress, (504) 256-8196, peter@louisianaprogress.org