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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 ENROLLED
SENATE BILL NO. 294
BY SENATOR MORRELL
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; to provide for rights while under investigation;3
to provide relative to investigations of alleged criminal activity; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:2531(B)(7) is hereby amended and reenacted to read as follows:7
ยง2531. Applicability; minimum standards during investigation; penalties for8
Ffailure to comply9
* * *10
B. Whenever a police employee or law enforcement officer is under11
investigation, the following minimum standards shall apply:12
* * *13
(7) When a formal, and written complaint is made against any police14
employee or law enforcement officer, the superintendent of state police or the chief15
of police or his authorized representative shall initiate an investigation within16
fourteen days of the date the complaint is made. Except as otherwise provided in this17
Paragraph, each investigation of a police employee or law enforcement officer which18
is conducted under the provisions of this Chapter shall be completed within sixty19
days. However, in each municipality which is subject to a Municipal Fire and Police20
Civil Service law, the municipal police department may petition the Municipal Fire21
and Police Civil Service Board for an extension of the time within which to complete22
the investigation. The board shall set the matter for hearing and shall provide notice23
of the hearing to the police employee or law enforcement officer who is under24
investigation. The police employee or law enforcement officer who is under25
investigation shall have the right to attend the hearing and to present evidence and26
arguments against the extension. If the board finds that the municipal police27
ACT No. 859 SB NO. 294 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
department has shown good cause for the granting of an extension of time within1
which to complete the investigation, the board shall grant an extension of up to sixty2
days. Nothing contained in this Paragraph shall be construed to prohibit the police3
employee or law enforcement officer under investigation and the appointing4
authority from entering into a written agreement extending the investigation for up5
to an additional sixty days. The investigation shall be considered complete upon6
notice to the police employee or law enforcement officer under investigation of a7
pre-disciplinary hearing or a determination of an unfounded or unsustained8
complaint. Further, nothing Nothing in this Paragraph shall limit any investigation9
of alleged criminal activity.10
* * *11
Section 2. Notwithstanding any other provision of law to the contrary, any law12
enforcement officer who participated in the program repealed by Act No. 480 of the 200913
Regular Session and who continued in employment after participation in the program14
through July 1, 2014, without a break in service, shall upon retirement be paid a monthly15
salary that includes a longevity benefit, funded from the June 30, 2014, balance in the16
account created in R.S. 11:1332, which, together with the lump sum in his program account17
on his retirement date, is actuarially equivalent to the monthly benefit calculated as though18
he had not participated in the program.19
Section 3. The provisions of this Act shall become effective on July 1, 2014; if20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on July 1, 2014, or on the day following such approval by the legislature,22
whichever is later.23
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: