ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
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ACT No. 301
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.
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 a limitation of liability;6
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
B. To the extent that funds are not appropriated to the Department of Public20
Safety and Corrections for the purposes provided in Subsection A of this Section, the21
department may make available for purchase to law enforcement agencies for use by22
their peace officers bulletproof vests no longer utilized by the department for which23
the manufacturer warranty has expired. Any purchase shall be conducted pursuant24 ENROLLEDHB NO. 90
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to rules or regulations adopted by the Louisiana Property Assistance Agency. The1
state of Louisiana, its agencies and assigns, including but not limited to the2
Department of Public Safety and Corrections shall be immune from any liability3
relating to or resulting from the purchase, issuance, or failure of bulletproof vests4
transferred pursuant to the provisions of this Section.5
BC. Prior to the purchase and distribution of the bullet proof bulletproof6
vests, the director of each law enforcement agency shall supply a sworn affidavit7
stating the number of vests on hand, the number of vests requested, and that it shall8
be the policy of the agency that all officers receiving vests shall be expected to wear9
them.10
CD. The provisions of this Section shall not be construed so as to provide11
that require that a peace officer be required to wear a bullet proof bulletproof vest.12
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: