HLS 10RS-746 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 552
BY REPRESENTATIVE LAFONTA
PARDON/PAROLE: Provides for rights and duties of probation and parole officers
AN ACT1
To amend and reenact Code of Criminal Procedure Article 899(F), R.S. 15:574.8(A), and2
R.S. 40:2531(A), relative to probation and parole officers; to provide for arrest3
powers; to provide for the rights of law enforcement officers under investigation; and4
to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Criminal Procedure Article 899(F) is hereby amended and7
reenacted to read as follows: 8
Art. 899. Arrest or summons for violation of probation 9
* * *10
F. Incidental to the supervision of probationers, probation Probation officers11
shall be deemed to be peace officers and shall have the same powers with respect to12
criminal matters and the enforcement of the law relating thereto as sheriffs,13
constables, and police officers have in their respective jurisdictions. They have all14
the immunities and defenses now or hereafter made available to sheriffs, constables,15
and police officers in any suit brought against them in consequence of acts done in16
the course of their employment.17 HLS 10RS-746 ORIGINAL
HB NO. 552
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Section 2. R.S. 15:574.8(A) is hereby amended and reenacted to read as follows:1
§574.8. Parole officers; powers of arrest; summary arrest and detention of parolees2
A. Incidental to the supervision of parolees, parole Parole officers shall be3
deemed to be peace officers and shall have the same powers with respect to criminal4
matters and the enforcement of the law relating thereto as sheriffs, constables, and5
police officers have in their respective jurisdictions. They have all the immunities6
and matters of defense now available or hereafter made available to sheriffs,7
constables, and police officers in any suit brought against them in consequence of8
acts done in the course of their employment.9
* * *10
Section 3. R.S. 40:2531(A) is hereby amended and reenacted to read as follows:11
§2531. Applicability; minimum standards during investigation; penalties for failure12
to comply13
A. The provisions of this Chapter shall only apply to police employees as14
defined by R.S. 40:1372(5), Louisiana P.O.S.T. certified probation and parole15
officers employed by the Louisiana Department of Public Safety and Corrections16
division of probation and parole, and to those law enforcement officers employed by17
any municipality and campus police employed at any state-supported college or18
university who are under investigation with a view to possible disciplinary action,19
demotion, or dismissal.20
* * *21
Section 4. This Act shall become effective upon signature by the governor or, if not22
signed by the governor, upon expiration of the time for bills to become law without signature23
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If24
vetoed by the governor and subsequently approved by the legislature, this Act shall become25
effective on the day following such approval.26 HLS 10RS-746 ORIGINAL
HB NO. 552
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
LaFonta HB No. 552
Abstract: Provides that probation and parole officers have powers of arrest and full
protection of the rights of law enforcement officers under investigation.
Present law provides that probation and parole officers shall be deemed to be peace officers
incidental to the supervision of probationers and parolees.
Proposed law removes the limitation of probation and parole officers to the arrest of
probationers and parolees.
Present law provides that the law enforcement officers' rights while under investigation
apply to police employees, as defined by R.S. 40:1372(5), officers employed by a
municipality, and campus police.
Proposed law extends La. P.O.S.T. to include certified probation and parole officers
employed by DPS&C, division of probation and parole.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends C.Cr.P. Art. 899(F), R.S. 15:574.8(A), and R.S. 40:2531(A))