ENROLLED
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Regular Session, 2010
HOUSE BILL NO. 590
BY REPRESENTATIVE KLECKLEY
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 ENROLLEDHB 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, may 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 Subsection shall be25
summary in nature.26 ENROLLEDHB NO. 590
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(4) Any violation of a subpoena issued by the clerk or of any order issued by1
the judge may be punishable by the judge as contempt.2
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: