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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 issue subpoenas,3
summon witnesses, and administer oaths and affirmations when investigating fires4
of suspicious origin; to require fire marshal employees to serve any process that is5
issued 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 punishable by the judge as contempt; to authorize the judge to8
enforce obedience by fine, imprisonment, 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 to issue19
subpoenas and subpoenas duces tecum to compel the testimony of witnesses and the20
production of documents, papers, books, records, and other evidence, and to21 HLS 10RS-1460 REENGROSSED
HB NO. 590
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administer oaths and affirmations to those persons subpoenaed. Any fire marshal1
employee shall serve any subpoena or subpoena duces tecum directed to him by the2
fire marshal or his authorized representative.3
* * *4
D.(1) If any person refuses to obey any such subpoena, to give testimony,5
or to produce evidence as required thereby, any judge of the district court for the6
parish of East Baton Rouge may, upon ex parte application and proof of such refusal,7
make an order awarding process of subpoena or subpoena duces tecum out of the8
district court for the witness to appear before the fire marshal or his authorized9
representative and to give testimony and to produce evidence. Upon filing such10
order in the office of the clerk of the district court, the clerk shall issue process of11
subpoena, as directed under the seal of the court requiring the person to whom it is12
directed, to appear at the time and place therein designated.13
(2) If any person served with any such subpoena refuses to obey the order14
and to give testimony and to produce evidence as required by the order, the fire15
marshal or his authorized representative may apply to any judge of the district court16
for an attachment against such person for contempt. The judge, upon satisfactory17
proof of such refusal, shall issue an attachment, directed to any sheriff, constable, or18
law enforcement officer, for the arrest of such person and, upon his being brought19
before such judge, proceed to a hearing on the matter. The judge shall have the20
power to enforce obedience to such subpoena, the answering of any question, and the21
production of any evidence that may be proper, by a fine not exceeding one hundred22
dollars, by imprisonment, or by both fine and imprisonment, and to compel such23
witness to pay the costs of such proceeding.24
(3) Proceedings held pursuant to the provisions of this Paragraph shall be25
summary in nature.26
(4) Any violation of a subpoena issued by the clerk or of any order issued by27
the judge may be punishable by the judge as contempt.28 HLS 10RS-1460 REENGROSSED
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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 issue subpoenas, summon witnesses,
and administer oaths and affirmations when investigating fires of suspicious origin,
and provides that a person who fails to properly answer a subpoena issued by the
state fire marshal is punishable by the judge as contempt.
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 to issue subpoenas, summon witnesses, and
administer oaths and affirmations. Requires any fire marshal employee to serve any process
that is directed to him by the fire marshal or his authorized representative.
Proposed law provides that any witness who refuses to obey the order and to give testimony
and to produce evidence as required by the order shall be held in contempt, and authorizes
the judge to enforce obedience by ordering that the witness pay a fine not more than $100,
be imprisoned, or both.
(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.
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the engrossed bill.
1. Added a provision authorizing the fire marshal to issue subpoenas and subpoenas
duces tecum.
2. Provided that any fire marshal employee shall serve the subpoena or subpoena
duces tecum issued by the fire marshal.
3. Changed proposed law to provide that the failure to properly comply with a
subpoena will be handled in a civil rather than criminal proceeding.
4. Authorized the judge, upon ex parte motion, to issue an order awarding process
of the subpoena or subpoena duces tecum. HLS 10RS-1460 REENGROSSED
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5. Authorized the judge, upon satisfactory proof of the person's refusal to comply
with the order, to issue an attachment for the arrest of the person.
6. Authorized the judge to enforce obedience by a fine not to exceed $100,
imprisonment, or both, and to compel the person to pay court costs associated
with the proceeding.
8. Provided that proceedings held pursuant to proposed law are summary in nature.