Louisiana 2011 2011 Regular Session

Louisiana House Bill HB264 Introduced / Bill

                    HLS 11RS-317	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2011
HOUSE BILL NO. 264
BY REPRESENTATIVE WOOTON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME: Creates the crime of unlawful production, manufacturing, distribution, or
possession of law enforcement badges
AN ACT1
To enact R.S. 14:112.4, relative to offenses affecting law enforcement; to create the crime2
of unlawful production, manufacturing, distribution, or possession of unauthorized3
peace officer badges; to provide for definitions; to provide for criminal penalties; and4
to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1.  R.S. 14:112.4 is hereby enacted to read as follows: 7
ยง112.4. Unlawful production, manufacturing, distribution, or possession of8
unauthorized peace officer badges9
A. It shall be unlawful for any person to knowingly or intentionally produce,10
manufacture, distribute, or possess unauthorized peace officer badges.11
B.  For purposes of this Section:12
(1)  "Distribute" means to sell, give, transport, issue, provide, lend, deliver,13
transfer, transmit, distribute, or disseminate.14
(2)  "Peace officer" shall include commissioned police officers, sheriffs,15
deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife16
enforcement agents, park wardens, livestock brand inspectors, forestry officers, and17
probation and parole officers.18
(3)  "Produce or manufacture" means to develop, prepare, design, create, or19
otherwise process.20 HLS 11RS-317	ORIGINAL
HB NO. 264
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(4) "Unauthorized peace officer badge" means any device or emblem,1
regardless of the material of which it is made, worn as an insignia of rank, office, or2
membership of a peace officer in a law enforcement agency which has not been3
expressly authorized by the law enforcement agency.4
C.(1) Whoever violates the provisions of this Section by possessing an5
unauthorized peace officer badge shall be fined not more than fifty dollars,6
imprisoned for not more than ten days, or both.7
(2) Whoever violates the provisions of this Section by distributing,8
manufacturing, or producing an unauthorized peace officer badge upon a first9
conviction shall be fined not more than two hundred dollars, imprisoned for not more10
than ninety days, or both. Upon a second or subsequent conviction, the offender11
shall be fined not more than one thousand dollars, imprisoned for not more than six12
months, or both.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)]
Wooton	HB No. 264
Abstract: Creates the crime of the unlawful production, manufacturing, distribution, or
possession of unauthorized peace officer badges.
Proposed law provides that it shall be unlawful for any person to knowingly or intentionally
produce, manufacture, distribute, or possess unauthorized peace officer badges.
Proposed law provides penalties for possession of an unauthorized peace officer badge
including a fine of not more than $50, imprisonment for not more than 10 days, or both.
Proposed law provides the following penalties for distributing, manufacturing, or producing
an unauthorized peace officer badge:
(1)For a first conviction - A fine of not more than $200, imprisonment for not more than
90 days, or both.
(2)For a second or subsequent conviction - A fine of not more than $1,000,
imprisonment for not more than six months, or both.
(Adds R.S. 14:112.4)