HLS 13RS-543 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2013
HOUSE BILL NO. 90
BY REPRESENTATIVE MACK
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
LAW ENFORCEMENT: Authorizes DPS&C to sell bulletproof vests to other law
enforcement agencies
AN ACT1
To amend and reenact R.S. 40:2405.1, relative to the issuance of bulletproof vests to peace2
officers; to authorize the Department of Public Safety and Corrections to make3
available for purchase bulletproof vests which are no longer utilized by the4
department; to provide that sales be conducted pursuant to regulations of the5
Louisiana Property Assistance Association; to provide for the assessment of a fee;6
to provide for a limitation of liability; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 40:2405.1 is hereby amended and reenacted to read as follows:9
ยง2405.1. Special equipment; provided by Department of Public Safety and10
Corrections to provide11
A. The Department of Public Safety and Corrections, from funds12
appropriated for this purpose, shall provide upon request special protective13
equipment, commonly known as a bullet proof bulletproof vest, for every "peace14
officer" in the state of Louisiana. As used herein in this Section, "peace officer"15
means any full-time employee of the state, a municipality, a sheriff, or other public16
agency, whose principal permanent duties primarily involve the prevention or17
detection of crime or the enforcement of penal and traffic laws and actually include18
the making of arrests and the performing of searches and seizures.19 HLS 13RS-543 ORIGINAL
HB NO. 90
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
B. To the extent that funds are not appropriated to the Department of Public1
Safety and Corrections for the purposes provided in Subsection A of this Section, the2
department may make available for purchase to law enforcement agencies for use by3
their peace officers bulletproof vests no longer utilized by the department for which4
the manufacturer warranty has expired. Any purchase shall be conducted pursuant5
to rules or regulations adopted by the Louisiana Property Assistance Agency. The6
Louisiana Property Assistance Agency shall not charge a fee in excess of five dollars7
per request received pursuant to the provisions of Subsection C of this Section. The8
state of Louisiana, its agencies and assigns, including but not limited to the9
Department of Public Safety and Corrections shall be immune from any liability10
relating to or resulting from the purchase, issuance, or failure of bulletproof vests11
transferred pursuant to the provisions of this Section.12
B C. Prior to the purchase and distribution of the bullet proof bulletproof13
vests, the director of each law enforcement agency shall supply a sworn affidavit14
stating the number of vests on hand, the number of vests requested, and that it shall15
be the policy of the agency that all officers receiving vests shall be expected to wear16
them.17
C D. The provisions of this Section shall not be construed so as to provide18
that require a peace officer be required to wear a bullet proof bulletproof vest.19
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)]
Mack HB No. 90
Abstract: Allows DPS&C to make bulletproof vests available to peace officers for
purchase.
Present law requires DPS&C to provide bulletproof vests to every peace officer in the state
of La. provided that funds are appropriated for this purpose.
Proposed law further provides that to the extent that funds are not appropriated for this
purpose, DPS&C may make available for purchase to law enforcement agencies bulletproof
vests no longer utilized by the department for which the manufacturer warranty has expired. HLS 13RS-543 ORIGINAL
HB NO. 90
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law further provides that any purchase shall be conducted pursuant to rules or
regulations adopted by the La. Property Assistance Agency, and provides that the La.
Property Assistance Agency shall not charge any fee in excess of $5 per request.
Proposed law provides that the state of La., its agencies and assigns, including but not
limited to DPS&C shall be immune from any liability relating to or resulting from the
purchase, issuance, or failure of bulletproof vests transferred pursuant to proposed law.
(Amends R.S. 40:2405.1)