Louisiana 2012 2012 Regular Session

Louisiana House Bill HB584 Engrossed / Bill

                    HLS 12RS-816	ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 584
BY REPRESENTATIVE ST. GERMAIN
MOTOR VEHICLES:  Defines peace officer in provisions regarding requirements for
vehicle identification number inspections
AN ACT1
To amend and reenact R.S. 32:706.2, relative to peace officers; to clarify whom is qualified2
to perform inspections for vehicle identification number; to provide for rules and3
regulations; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1.  R.S. 32:706.2 is hereby amended and reenacted to read as follows:6
ยง706.2.  Requirements for vehicle identification number inspections7
A.(1) Any physical inspection of a vehicle for the purpose of vehicle8
identification number verification shall be by a full-time 	Peace Officer Standards9
and Training (P.O.S.T.) certified law enforcement officer peace officer, as defined10
by R.S. 40:2402(3)(a), and who has been trained and certified by the Department of11
Public Safety and Corrections, office of state police, to inspect motor vehicles.12
(2) No peace officer shall conduct a physical inspection of a vehicle in which13
he has a fiduciary interest, an ownership interest, or is in the process of acquiring an14
interest through a company or entity in which he has a fiduciary interest.15
B. The deputy secretary of public safety services of the Department of Public16
Safety and Corrections shall have authority to promulgate rules and regulations17
regarding physical inspection certificates.  The deputy secretary shall revoke the18
certification of any peace officer who fails to satisfy any of the requirements as19
promulgated.20 HLS 12RS-816	ENGROSSED
HB NO. 584
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
St. Germain	HB No. 584
Abstract: Clarifies who may perform inspections for vehicle identification number
verifications.
Present law provides that only a P.O.S.T.-certified law enforcement officer, who has been
trained and certified by the office of state police, may perform a physical inspection of a
vehicle for the purpose of vehicle identification number verification.
Proposed law changes P.O.S.T.-certified law enforcement officer to "peace officer", as
defined in R.S. 40:2402(3)(a): "any full-time employee of the state, a municipality, a sheriff,
or other public agency, whose permanent duties actually include the making of arrests, the
performing of searches and seizures, or the execution of criminal warrants, and is
responsible for the prevention or detection of crime or for the enforcement of the penal,
traffic, or highway laws of this state, but not including any elected or appointed head of a
law enforcement department."
Proposed law prohibits a peace officer from conducting a physical investigation of a vehicle
in which he has a fiduciary interest, an ownership interest, or is in the process of acquiring
an interest through a company or entity in which he has an interest.
Proposed law authorizes the deputy secretary of public safety services to promulgate rules
and regulations regarding physical inspection certificates. Further provides that the deputy
secretary shall revoke the certificate of any peace officer who fails to satisfy any
requirements of the rules promulgated.
(Amends R.S. 32:706.2)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Commerce to the
original bill.
1. Prohibited a peace officer from conducting a physical investigation of a
vehicle in which he has a fiduciary interest, an ownership interest, or is in the
process of acquiring an interest through a company or entity in which he has
an interest.