HLS 12RS-1122 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 685
BY REPRESENTATIVE MORENO
LAW ENFORCEMENT: Provides procedures for the investigation of officers and
employees by the NOPD
AN ACT1
To amend and reenact R.S. 40:2531(B)(7), relative to investigations of law enforcement2
officers; to provide relative to investigations by the New Orleans Police Department;3
to provide for the time period in which investigations shall be conducted; and to4
provide for related matters.5
Notice of intention to introduce this Act has been published6
as provided by Article III, Section 13 of the Constitution of7
Louisiana.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 40:2531(B)(7) is hereby amended and reenacted to read as follows:10
ยง2531. Applicability; minimum standards during investigation; penalties for failure11
to comply12
* * *13
B. Whenever a police employee or law enforcement officer is under14
investigation, the following minimum standards shall apply:15
* * *16
(7)(a) When Except as otherwise provided for in Subparagraph (b) of this17
Paragraph, a formal and written complaint is made against any police employee or18
law enforcement officer, the superintendent of state police or the chief of police or19
his authorized representative shall initiate an investigation within fourteen days of20 HLS 12RS-1122 ORIGINAL
HB NO. 685
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the date the complaint is made. Except as otherwise provided in this Paragraph, each1
investigation of a police employee or law enforcement officer which is conducted2
under the provisions of this Chapter shall be completed within sixty days. However,3
in each municipality which is subject to a Municipal Fire and Police Civil Service4
law, the municipal police department may petition the Municipal Fire and Police5
Civil Service Board for an extension of the time within which to complete the6
investigation. The board shall set the matter for hearing and shall provide notice of7
the hearing to the police employee or law enforcement officer who is under8
investigation. The police employee or law enforcement officer who is under9
investigation shall have the right to attend the hearing and to present evidence and10
arguments against the extension. If the board finds that the municipal police11
department has shown good cause for the granting of an extension of time within12
which to complete the investigation, the board shall grant an extension of up to sixty13
days. Nothing contained in this Paragraph shall be construed to prohibit the police14
employee or law enforcement officer under investigation and the appointing15
authority from entering into a written agreement extending the investigation for up16
to an additional sixty days. The investigation shall be considered complete upon17
notice to the police employee or law enforcement officer under investigation of a18
pre-disciplinary hearing or a determination of an unfounded or unsustained19
complaint. Further, nothing in this Paragraph shall limit any investigation of alleged20
criminal activity.21
(b) An investigation of an officer or employee of the New Orleans Police22
Department by the New Orleans Police Department shall be completed within one23
hundred twenty days. The New Orleans Police Department may petition the New24
Orleans Civil Service Commission for an extension of this time period for an25
additional sixty days within which to complete the investigation. If the commission26
finds that the New Orleans Police Department has shown good cause for the granting27
of an extension of time within which to complete the investigation, it shall grant an28
extension not to exceed sixty days. For purposes of this Subparagraph, "good cause"29 HLS 12RS-1122 ORIGINAL
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may include but shall not be limited to circumstances in which the alleged1
misconduct involves numerous officers or is particularly complex or when new2
evidence is discovered during the course of an investigation. All other applicable3
provisions of Subparagraph (a) of this Paragraph shall apply to investigations4
conducted by the New Orleans Police Department.5
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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)]
Moreno HB No. 685
Abstract: Extends the time that the New Orleans Police Dept. has to complete an
investigation of law enforcement officers.
Present law provides procedures for the investigation of law enforcement officers who have
complaints filed against them.
Present law provides that each investigation of a police employee or law enforcement officer
shall be completed within 60 days and provides for a 60-day extension of the investigation.
Proposed law extends this time period for New Orleans Police Dept. (NOPD) investigations
from 60 days to 120 days. Authorizes the NOPD to petition the New Orleans Civil Service
Commission for a 60-day extension. The commission shall grant the extension for good
cause. Proposed law defines "good cause".
(Amends R.S. 40:2531(B)(7))