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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(B)(7), relative to law enforcement; to provide relative2
to rights of law enforcement officers while under investigation; to provide relative3
to investigations of alleged criminal activity; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 40:2531(B)(7) is hereby amended and reenacted to read as follows:6
ยง2531. Applicability; minimum standards during investigation; penalties for7
Ffailure to comply8
* * *9
B. Whenever a police employee or law enforcement officer is under10
investigation, the following minimum standards shall apply:11
* * *12
(7) When a formal and written complaint is made against any police13
employee or law enforcement officer, the superintendent of state police or the chief14
of police or his authorized representative shall initiate an investigation within15
fourteen days of the date the complaint is made. Except as otherwise provided in this16
Paragraph, each investigation of a police employee or law enforcement officer which17 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.
is conducted under the provisions of this Chapter shall be completed within sixty1
days. However, in each municipality which is subject to a Municipal Fire and Police2
Civil Service law, the municipal police department may petition the Municipal Fire3
and Police Civil Service Board for an extension of the time within which to complete4
the investigation. The board shall set the matter for hearing and shall provide notice5
of the hearing to the police employee or law enforcement officer who is under6
investigation. The police employee or law enforcement officer who is under7
investigation shall have the right to attend the hearing and to present evidence and8
arguments against the extension. If the board finds that the municipal police9
department has shown good cause for the granting of an extension of time within10
which to complete the investigation, the board shall grant an extension of up to sixty11
days. Nothing contained in this Paragraph shall be construed to prohibit the police12
employee or law enforcement officer under investigation and the appointing13
authority from entering into a written agreement extending the investigation for up14
to an additional sixty days. The investigation shall be considered complete upon15
notice to the police employee or law enforcement officer under investigation of a16
pre-disciplinary hearing or a determination of an unfounded or unsustained17
complaint. Further, nothing in this Paragraph shall limit any investigation of alleged18
criminal activity.19
* * *20
The original instrument was prepared by Cathy R. Wells. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by James Benton.
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 removes the requirement that the administrative complaint be in writing.
Proposed law provides that the administrative complaint procedure shall not limit any
investigation of alleged criminal activity.
Effective August 1, 2014. 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.
(Amends R.S. 40:2531(B)(7))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Removes provisions regarding the applicability of statute.
2. Removes requirement that the complaint be in writing.