HLS 11RS-317 ORIGINAL Page 1 of 2 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 Page 2 of 2 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)