Louisiana § 40:1061.29 Penalties

Louisiana Statutes

§ 40:1061.29 — Penalties

Louisiana § 40:1061.29

Title 40Public Health and Safety

This text of Louisiana § 40:1061.29 (Penalties) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

La. Stat. Ann. § 40:1061.29 (2026).

Text

§1061.29. Penalties A. Whoever violates the provisions of this Chapter shall be fined not more than one thousand dollars per incidence or occurrence, or imprisoned for not more than two years, or both. B. Whoever violates the provisions of this Chapter shall be subject to a civil fine of one thousand dollars per incidence or occurrence. In addition to any other authority granted by the constitution and laws of this state, the attorney general shall have the authority to pursue the civil fines provided for in this Section. C. In addition to whatever remedies are otherwise available under the law of this state, failure to comply with the provisions of this Chapter shall:

(1)Provide a basis for a civil malpractice action. Such an action may be brought by the woman upon whom the abortion was

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§1061.29. Penalties
A. Whoever violates the provisions of this Chapter shall be fined not more than one
thousand dollars per incidence or occurrence, or imprisoned for not more than two years, or
both.
B. Whoever violates the provisions of this Chapter shall be subject to a civil fine of
one thousand dollars per incidence or occurrence. In addition to any other authority granted
by the constitution and laws of this state, the attorney general shall have the authority to
pursue the civil fines provided for in this Section.
C. In addition to whatever remedies are otherwise available under the law of this
state, failure to comply with the provisions of this Chapter shall:
(1) Provide a basis for a civil malpractice action. Such an action may be brought by
the woman upon whom the abortion was performed. Any intentional violation of this
Chapter shall be admissible in a civil suit as prima facie evidence of a failure to comply with
the requirements of this Chapter. When requested, the court shall allow a woman to proceed
using solely her initials or a pseudonym and may close any proceedings in the case and enter
other protective orders to preserve the privacy of the woman upon whom the abortion was
performed.
(2) Provide a basis for professional disciplinary action, including but not limited to
any action authorized under R.S. 37:1261 et seq.
(3) Provide a basis for recovery for the woman for the death of her unborn child
under Civil Code Article 2315.2, whether or not the unborn child was viable at the time the
abortion was performed, or was born alive.
(4) Provide a basis for the attorney general, the district attorney in whose jurisdiction
the violation occurred, or the secretary of the department to obtain a writ of injunction, which
shall not be subject to being released upon bond. The trial of the proceeding shall be
summary and by the judge without a jury.

Legislative History

Added by Acts 1978, No. 435, §1; Acts 1981, No. 774, §1, eff. July 23, 1981; Redesignated from R.S. 40:1299.35.18 by Acts 2008, No. 220, §14; Acts 2011, No. 411, §1, eff. Aug. 15, 2011; Acts 2013, No. 259, §1, eff. June 10, 2013; Redesignated from R.S. 40:1299.35.19 by HCR 84 of 2015 R.S.; Acts 2019, No. 435, §1, eff. June 22, 2019.