Louisiana 2010 2010 Regular Session

Louisiana Senate Bill SB104 Engrossed / Bill

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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 104
BY SENATOR THOMPSON 
LAW ENFORCEMENT. Provides relative to the authority of levee district police officers
and their training and commissioning by state police. (8/15/10)
AN ACT1
To amend and reenact R.S. 38:326(A) and (C), relative to police officers of a levee district2
and a levee and drainage district; to provide relative to the special officer3
commission; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 38:326(A) and (C) are hereby amended and reenacted to read as6
follows: 7
ยง326. Authority of levee district and levee and drainage district police officers;8
annual expenditure9
A.  (1)(a) Any levee district or levee and drainage district may, at the10
discretion of its boards of commissioners, employ one or more persons as levee11
district or levee and drainage district police officers.  Those persons who are12
designated levee district or levee and drainage district police officers in accordance13
with this Section are responsible for maintaining order and exercising general police14
power on and off the levees, within the area of the levee district or levee and15
drainage district, and upon its surrounding waters.16
(b) Each such person named as a police officer by the president of the levee17 SB NO. 104
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Coding: Words which are struck through are deletions from existing law;
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district or levee and drainage district shall be commissioned as a peace officer by the1
Department of Public Safety and Corrections in accordance with the provisions of2
R.S. 40:1379.1. Such commission shall remain in force and effect at the pleasure of3
the president of the levee district or levee and drainage district and the Department4
of Public Safety and Corrections subject to applicable civil service regulations.5
(2) These police officers shall have the right to exercise the power of arrest6
as peace officers, according to law, within the area of their jurisdiction as provided7
herein.8
(3) Each such police officer shall execute a bond in the amount of ten9
thousand dollars in the favor of the state of Louisiana for the faithful performance10
of his duties.  The premium on the bond shall be paid by the levee district or levee11
and drainage district. Additionally, each board shall obtain police liability insurance12
in an amount appropriate to each individual district.13
(4) The provisions of this Section shall not entitle any such police officer to14
state supplemental pay.15
*          *          *16
C. No person except a commissioner may be commissioned as a levee district17
or levee and drainage district police officer unless prior to such commissioning the18
person has, as a minimum requirement, completed and graduated from the six-week19
program of basic law enforcement training at Louisiana State University and20
Agricultural and Mechanical College a training program and received21
certification as a peace officer by the Louisiana Council on Peace Officer22
Standards and Training (POST Council). or possesses equivalent training and23
experience.24
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument was prepared by Sharon F. Lyles. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Michelle Ducharme.
DIGEST
Thompson (SB 104)
Present law authorizes any levee district or levee and drainage district, at the discretion of
its boards of commissioners, to employ one or more persons as levee district or levee and
drainage district police officers who are responsible for maintaining order and exercising
general police power on and off the levees, within the area of the levee district or levee and
drainage district, and upon its surrounding waters.  Present law further provides that each
person designated as a police officer by the president of the levee district or levee and
drainage district shall be commissioned as a "peace officer" by the Department of Public
Safety and Corrections.
Proposed law provides that levee district and levee and drainage district police are
commissioned as "special officers" by the Department of Public Safety and Corrections in
accordance with the provisions of R.S. 40:1379.1.
Present law provides that no person except a commissioner may be commissioned as a levee
district or levee and drainage district police officer prior to meeting the minimum
requirement of completing and graduating from the six-week program of basic law
enforcement training at Louisiana State University and Agricultural and Mechanical College
or possession of equivalent training and experience.
Proposed law provides that no person may be commissioned as a levee district or levee and
drainage district police officer unless he is P.O.S.T. certified.
Effective August 15, 2010.
(Amends R.S. 38:326(A) and (C))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill.
1. Removes proposed law changes to the jurisdiction of levee district police
officers.
2. Deletes present law provision allowing a levee police officer to be
commissioned if he possesses training and experience equivalent to P.O.S.T.