§ 29:735 — Immunity of personnel

§735. Immunity of personnel
A.(1) Neither the state nor any political subdivision thereof, nor other state agencies,
nor, except in case of willful misconduct, the employees or representatives of any of them
engaged in any homeland security and emergency preparedness and recovery activities, while
complying with or attempting to comply with this Chapter or any rule or regulation
promulgated pursuant to the provisions of this Chapter shall be liable for the death of or any
injury to persons or damage to property as a result of such activity.
(2) Additionally, no prisoner in the custody of the sheriff or law enforcement agency
who was evacuated to another prison or jail during and immediately after Hurricane Katrina
or Rita, and who was not released within the time required by the Code of Criminal
Procedure or Title 15 of the Louisiana Revised Statutes of 1950, shall have a cause of action
for damages against the sheriff or law enforcement agency for the failure to timely release
the prisoner, if the failure was due to the effects of Hurricane Katrina or Rita and the lack of
access to prison records and information specifying when the prisoner is to be released;
however, the sheriff or law enforcement agency shall be liable for damages if within a
reasonable length of time following Hurricane Katrina or Rita, the sheriff or law enforcement
agency makes no attempt to ascertain when the prisoner is to be released and fails to release
the prisoner from custody.
(3) The Governor's Office of Homeland Security and Emergency Preparedness and
each parish homeland security and emergency preparedness agency shall be immune from
any claim based upon the exercise or performance of, or the failure to exercise or perform,
any discretionary function or duty, on the part of the office or any employee thereof in
carrying out its mission as defined in R.S. 29:726 and 728.
B. The provisions of this Section shall not affect the right of any person to receive
benefits to which he would otherwise be entitled under this Chapter, or under the worker's
compensation law, or under any pension law, nor the right of any such person to receive any
benefits or compensation under any act of congress.
NOTE: See Acts 2020, No. 362, §2, relative to retroactive application to March 11,
2020.

Legislative History

Acts 1993, No. 800, §1, eff. June 22, 1993; Acts 2003, No. 40, §2, eff. May 23, 2003; Acts 2005, 1st Ex. Sess., No. 46, §1, eff. Dec. 6, 2005; Acts 2018, No. 713, §1; Acts 2020, No. 362, §1, eff. June 12, 2020.