Louisiana 2015 2015 Regular Session

Louisiana Senate Bill SB37 Chaptered / Bill

                    2015 Regular Session	ENROLLED
SENATE BILL NO. 37
BY SENATORS MORRELL, JOHNS, PETERSON AND GARY SMITH AND
REPRESENTATIVES ADAMS, WESLEY BISHOP, GISCLAIR AND
PATRICK WILLIAMS 
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1	AN ACT
2 To enact R.S. 17:1805(H) and R.S. 40:2405.8, relative to the Council on Peace Officer
3 Standards and Training; to provide relative to peace officer training and course
4 requirements; to provide relative to sexual assault awareness training for persons
5 employed as full-time college or university police officers; to provide relative to
6 homicide investigator training; to provide relative to sexual assault awareness
7 training for all peace officers; to provide for the promulgation of rules and
8 regulations and the oversight thereof; and to provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1.  R.S. 17:1805(H) is hereby enacted to read as follows:
11 §1805.  Authority of university or college police officer
12	*          *          *
13	H.  On and after January 1, 2016, each person who is employed as a full-
14 time college or university police officer shall complete a sexual assault
15 awareness training program as provided by the Council on Peace Officer
16 Standards and Training pursuant to R.S. 40:2405.8.
17 Section 2.  R.S. 40:2405.8 is hereby enacted to read as follows:
18 §2405.8.  Additional peace officer training requirements
19	A.  The council shall develop and continuously update a Peace Officer
20 Standards and Training (POST) recognized homicide investigator training
21 program and a sexual assault awareness training program for peace officers
22 that shall consist of classroom or Internet instruction, or both. The training
23 programs may include field officer training as prescribed by the council.
ACT No. 152
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1	B.  Homicide Investigator. The council shall create and maintain a
2 current list of those peace officers who have successfully completed the
3 homicide investigator training program for purposes of coordinating homicide
4 investigations occurring in the state.  On and after January 1, 2017, only peace
5 officers who successfully complete the homicide investigator training program
6 or receive a waiver of compliance based on prior training or experience as a
7 homicide investigator shall be assigned to lead investigations in homicide cases.
8	C.(1)  Sexual Assault.  The council shall develop the sexual assault
9 awareness training program in a series of modules to include all of the
10 following:
11	(a) The neurobiology of sexual assault and trauma, including victim
12 impact.
13	(b) Response to sexual assault, including but not limited to investigative
14 methods, collecting and securing evidence, and interviewing victims.
15	(c) Applicable federal and state victims' rights laws.
16	(2)  The council shall solicit free or no-cost training and technical
17 assistance and may accept gifts, grants, and donations from whatever sources
18 are available for purposes of this Subsection. The council shall consult with
19 appropriate governmental agencies and nongovernmental statewide agencies in
20 the development and presentation of the training required by this Subsection.
21 Regarding nongovernmental agencies, only agencies whose primary purpose is
22 the delivery of sexual assault services to victims are required to be consulted.
23	(3)  On and after July 1, 2016, each peace officer, as defined in R.S.
24 40:2402(3)(a), shall complete a sexual assault awareness training program as
25 provided by the council.
26	D.  The council shall create and maintain a current list of those peace
27 officers who have successfully completed the sexual assault awareness training
28 program for purposes of coordinating sexual assault investigations.
29	E.(1)  The council shall promulgate rules and regulations in accordance
30 with the Administrative Procedure Act, subject to the oversight of the House
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1 Committee on the Administration of Criminal Justice and the Senate
2 Committee on Judiciary B, for the implementation of a homicide investigator
3 training program no later than July 1, 2016.
4	(2)(a)  The council shall promulgate rules and regulations in accordance
5 with the Administrative Procedure Act, subject to the oversight of the House
6 Committee on the Administration of Criminal Justice and the Senate
7 Committee on Judiciary B, for the implementation of a sexual assault awareness
8 training program as provided in R.S. 17:1805(H) no later than October 1, 2015.
9	(b)  The council shall promulgate rules and regulations in accordance
10 with the Administrative Procedure Act, subject to the oversight of the House
11 Committee on the Administration of Criminal Justice and the Senate
12 Committee on Judiciary B, for the implementation of a sexual assault awareness
13 training program for peace officers as defined in R.S. 40:2402(3)(a) as provided
14 in Paragraph (C)(3) of this Section no later than January 1, 2017.
15 Section 3.  This Act shall become effective upon signature by the governor or, if not
16 signed by the governor, upon expiration of the time for bills to become law without signature
17 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
18 vetoed by the governor and subsequently approved by the legislature, this Act shall become
19 effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:                          
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.