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ACT No. 91
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.
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; to4
provide for exceptions; and 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,17
attorney general investigators, district attorney investigators, inspector general18
investigators, and probation and parole officers.19
(3) "Produce or manufacture" means to develop, prepare, design, create, or20
otherwise process.21
(4) "Unauthorized peace officer badge" means any device or emblem,22
regardless of the material of which it is made, worn as an insignia of rank, office, or23 ENROLLEDHB NO. 264
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membership of a peace officer in a law enforcement agency which has not been1
expressly authorized by the law enforcement agency.2
C.(1) Whoever violates the provisions of this Section by possessing an3
unauthorized peace officer badge shall be fined not more than fifty dollars,4
imprisoned for not more than ten days, or both.5
(2) Whoever violates the provisions of this Section by distributing,6
manufacturing, or producing an unauthorized peace officer badge upon a first7
conviction shall be fined not more than two hundred dollars, imprisoned for not more8
than ninety days, or both. Upon a second or subsequent conviction, the offender9
shall be fined not more than one thousand dollars, imprisoned for not more than six10
months, or both.11
D. The provisions of this Section shall not be construed to limit the12
production, manufacturing, distribution, or possession of a peace officer badge with13
the designation "police", "marshal", "sheriff", "law enforcement", "warden", or any14
other designation which does not designate a specific law enforcement agency by15
name or jurisdiction and which is intended for novelty purposes.16
E. The definition of a "peace officer" as provided for in Paragraph (B)(2) of17
this Section, shall be strictly construed solely for the purposes of this Section and18
shall not be construed as granting the authority to any agency not defined as a "peace19
officer" pursuant to the provisions of R.S. 40:2402 to make arrests, perform search20
and seizures, execute criminal warrants, prevent and detect crime, and enforce the21
laws of this state.22
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: