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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 294
BY SENATOR MORRELL
LAW ENFORCEMENT. Provides relative to rights of law enforcement officers while under
investigation. (8/1/14)
AN ACT1
To amend and reenact R.S. 40:2531(A) and (B)(7), relative to law enforcement; to provide2
relative to rights of law enforcement officers while under investigation; to provide3
relative to investigations of alleged criminal activity; and to provide for related4
matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:2531(A) and (B)(7) are hereby amended and reenacted to read as7
follows:8
ยง2531. Applicability; minimum standards during investigation; penalties for Ffailure9
to comply10
A. The provisions of this Chapter shall apply only to police employees as11
defined by R.S. 40:1372(5), Louisiana P.O.S.T. certified probation and parole12
officers employed by the Louisiana Department of Public Safety and Corrections,13
division of probation and parole, and to those law enforcement officers employed by14
any municipality and campus police employed at any state-supported college or15
university who are under investigation with a view to possible disciplinary action,16
demotion, or dismissal. Nothing in this Chapter shall apply to investigations of17 SB NO. 294
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
alleged criminal activity nor shall the existence of any investigation of alleged1
criminal activity in any way affect investigations subject to this Chapter.2
B. Whenever a police employee or law enforcement officer is under3
investigation, the following minimum standards shall apply:4
* * *5
(7) When a formal and written complaint is made against any police6
employee or law enforcement officer, the superintendent of state police or the chief7
of police or his authorized representative shall initiate an investigation within8
fourteen days of the date the complaint is made. Except as otherwise provided in this9
Paragraph, each investigation of a police employee or law enforcement officer which10
is conducted under the provisions of this Chapter shall be completed within sixty11
days. However, in each municipality which is subject to a Municipal Fire and Police12
Civil Service law, the municipal police department may petition the Municipal Fire13
and Police Civil Service Board for an extension of the time within which to complete14
the investigation. The board shall set the matter for hearing and shall provide notice15
of the hearing to the police employee or law enforcement officer who is under16
investigation. The police employee or law enforcement officer who is under17
investigation shall have the right to attend the hearing and to present evidence and18
arguments against the extension. If the board finds that the municipal police19
department has shown good cause for the granting of an extension of time within20
which to complete the investigation, the board shall grant an extension of up to sixty21
days. Nothing contained in this Paragraph shall be construed to prohibit the police22
employee or law enforcement officer under investigation and the appointing23
authority from entering into a written agreement extending the investigation for up24
to an additional sixty days. The investigation shall be considered complete upon25
notice to the police employee or law enforcement officer under investigation of a26
pre-disciplinary hearing or a determination of an unfounded or unsustained27
complaint. Further, nothing in this Paragraph shall limit any investigation of alleged28
criminal activity.29 SB NO. 294
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
* * *1
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cathy Wells.
DIGEST
Morrell (SB 294)
Present law provides for minimum standards which apply while certain law enforcement
officers and police employees are under investigation.
Proposed law provides that present law shall not apply to investigations of alleged criminal
activity nor shall the existence of any investigation of alleged criminal activity in any way
affect investigations subject to present law.
Effective August 1, 2014.
(Amends R.S. 40:2531(A) and (B)(7))