HLS 10RS-1460 ENGROSSED
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 590
BY REPRESENTATIVE KLECKLEY
FIRE PROTECT/FIRE MARSHAL: Provides with respect to fires of suspicious origin
AN ACT1
To amend and reenact R.S. 40:1568(B) and to enact R.S. 40:1568(D), relative to the state2
fire marshal; to provide the state fire marshal with the authority to summon witnesses3
and administer oaths and affirmations when investigating fires of suspicious origin;4
to require law enforcement agencies to serve any process that is directed to the5
agency by the state fire marshal when investigating fires of suspicious origin; to6
provide that a person who fails to properly answer a subpoena issued by the state fire7
marshal shall be guilty of contempt; to provide that a person guilty of contempt shall8
be fined or imprisoned, or both; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 40:1568(B) is hereby amended and reenacted and R.S. 40:1568(D)11
is hereby enacted to read as follows:12
ยง1568. Special investigations of fires of suspicious origin13
* * *14
B. In the performance of this duty, the fire marshal or his authorized15
representative may take or cause to be taken testimony from persons supposed to be16
cognizant of any fact which may relate to the cause of any fire. To this end, he may17
secure testimony under oath and have it reduced to writing. In the furtherance of this18
investigation, the fire marshal or his authorized representative has the power of a19
committing magistrate for the purpose of summoning witnesses and administering20
oaths and affirmations, and every sheriff or constable or local or state police officer21 HLS 10RS-1460 ENGROSSED
HB NO. 590
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
shall serve any process that is directed to him by the fire marshal or his authorized1
representative.2
* * *3
D. Any witness who does any of the following acts in connection with a4
hearing held under the provisions of Subsection B of this Section is guilty of5
contempt and shall be fined not more than one thousand dollars or imprisoned for not6
more than one year, or both:7
(1) Refuses to be sworn or to affirm.8
(2) Refuses to testify.9
(3) Disobeys any order of the fire marshal or his authorized representative.10
(4) Fails to produce any paper, certificate, or document relating to any matter11
of examination.12
(5) Is guilty of any contemptuous conduct at a hearing.13
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)]
Kleckley HB No. 590
Abstract: Grants the state fire marshal the authority to summon witnesses and administer
oaths and affirmations when investigating fires of suspicious origin. Requires law
enforcement agencies to serve any process that is directed to the agency by the fire
marshal when investigating fires of suspicious origin. Provides that a person who
fails to properly answer a subpoena issued by the state fire marshal is guilty of
contempt and shall be fined or imprisoned, or both.
Present law provides that the fire marshal shall make or cause to be made a special
examination of the circumstances surrounding each fire of suspicious origin and of any fire
reported to have been caused by design.
Present law further provides that, in the performance of this duty, the fire marshal or his
authorized representative may take or cause to be taken testimony from persons supposed
to be cognizant of any fact which may relate to the cause of any fire. The fire marshal may
secure testimony under oath and have it reduced to writing.
Proposed law provides that, in the furtherance of this investigation, the fire marshal or his
authorized representative has the power of a committing magistrate for the purpose of
summoning witnesses and administering oaths and affirmations, and every sheriff or
constable or local or state police officer shall serve any process that is directed to him by the
fire marshal or his authorized representative. HLS 10RS-1460 ENGROSSED
HB NO. 590
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides that any witness who does any of the following acts in connection
with a hearing held under the provisions of proposed law is guilty of contempt and shall be
fined not more than $1,000 or imprisoned for not more than one year, or both:
(1)Refuses to be sworn or to affirm.
(2)Refuses to testify.
(3)Disobeys any order of the fire marshal or his authorized representative.
(4)Fails to produce any paper, certificate, or document relating to any matter of
examination.
(5)Is guilty of any contemptuous conduct at a hearing.
(Amends R.S. 40:1568(B); Adds R.S. 40:1568(D))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Commerce to the original
bill.
1. Added a provision that any witness who fails to respond properly to a subpoena
issued by the state fire marshal is guilty of contempt and shall be fined not more
than $1,000 or imprisoned for not more than one year, or both.