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Regular Session, 2012
SENATE BILL NO. 642
BY SENATOR BROOME
LAW ENFORCEMENT. Permits city marshals and city constables to provide police
manpower and equipment to a police department or sheriff's office, upon request, during an
emergency or special event. (8/1/12)
AN ACT1
To amend and reenact R.S. 33:2337(A)(1) and (2), relative to mutual assistance between law2
enforcement agencies; to authorize city marshals and city constables to provide3
police manpower and equipment to a requesting police department or sheriff's office4
during an emergency or special event; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 33:2337(A)(1) and (2) are hereby amended and reenacted to read as7
follows: 8
ยง2337. Mutual aid; local police departments9
A.(1) In the event of an emergency or a special event and upon the request10
of another police department or sheriff's office, by the chief of police, the sheriff, or11
their designees of that department on duty at the time of the emergency or special12
event, a political subdivision, city marshal, and city constable may furnish police13
manpower and equipment if the chief of police, the sheriff, or their designees on14
duty, of the police department or sheriff's office receiving the request for aid is of the15
opinion that such police manpower and equipment are available.16
(2) If the responding agency agrees to provide mutual aid, the personnel of17 SB NO. 642
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the responding agency shall report to and shall work under the direction and1
supervision of the senior officer of the requesting agency on duty at the time that the2
request for aid is made. During the emergency or special event the personnel of the3
responding agency shall have the same law enforcement authority as the personnel4
of the requesting agency. Police manpower and equipment may be recalled at the5
sole discretion of the highest ranking officer on duty of the police department6
responding agency furnishing police manpower and equipment. During the7
emergency, the responding agency shall be considered the agent of the requesting8
agency.9
* * *10
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
Broome (SB 642)
Present law, relative to mutual aid between certain law enforcement agencies, provides that
in the event of an emergency or a special event and upon the request of another police
department or sheriff's office, by the chief of police, the sheriff, or their designees of that
department on duty at the time of the emergency or special event, a political subdivision may
furnish police manpower and equipment if the chief of police, the sheriff, or their designees
on duty, of the police department or sheriff's office receiving the request for aid is of the
opinion that such police manpower and equipment are available.
Proposed law retains present law and adds city marshals and city constables to law
enforcement entities that may provide requested police manpower and equipment.
Present law provides that if the responding agency agrees to provide mutual aid, the
personnel of the responding agency shall report to and work under the direction and
supervision of the senior officer of the requesting agency on duty at the time that the request
for aid is made. Provides that during the emergency or special event the personnel of the
responding agency have the same law enforcement authority as the personnel of the
requesting agency. Provides that police manpower and equipment may be recalled at the
sole discretion of the highest ranking officer on duty of the police department furnishing
police manpower and equipment. Provides that during the emergency, the responding
agency shall be considered the agent of the requesting agency.
Defines "emergency" as an actual or potential condition that poses an immediate threat to
life or property and exceeds the capability of the requesting agency to counteract
successfully.
Defines "special event" as an actual or potential situation that poses or may pose a threat to
life or property because of the number of people involved and exceeds the capability of the
requesting agency to counteract successfully.
Provides that in situations where mutual aid is utilized, radio communications shall be
established, if possible, through the radio systems patch, or one of the officers shall maintain SB NO. 642
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personal eye to eye contact with an officer of the other agency and pass information between
agencies.
Provides that the provision of mutual aid shall not give rise to liability or responsibility for
failure to respond to a request for assistance.
Provides that nothing contained in present law shall be construed to limit the responding
agency's authority to apply for, administer, and expend any grants, gifts, or payments in aid
of homeland security, disaster prevention, preparedness, response, or recovery.
Proposed law retains present law.
Effective August 1, 2012.
(Amends. R.S. 33:2337(A)(1) and (2))