Louisiana 2016 2016 Regular Session

Louisiana Senate Bill SB287 Introduced / Bill

                    SLS 16RS-349	ORIGINAL
2016 Regular Session
SENATE BILL NO. 287
BY SENATOR WARD 
LAW ENFORCEMENT.  Provides for the revocation of P.O.S.T. qualification for peace
officers convicted of malfeasance in office (8/1/16)
1	AN ACT
2 To enact R.S. 14:134(C)(3) and R.S. 40:2405(J), relative to peace officers; to provide for
3 penalties; to provide for revocation of P.O.S.T. qualification; to provide for a
4 conviction of malfeasance in office; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 14:134(C)(3) is hereby enacted to read as follows:
7 §134. Malfeasance in office 
8	*          *          *
9	C.(1) *          *          *
10	(3) If the individual convicted of the crime of malfeasance in office is a
11 P.O.S.T. qualified full-time, part-time, or reserve peace officer, the P.O.S.T
12 qualification of that peace officer shall be immediately revoked pursuant to R.S.
13 40:2405(J).
14 Section 2. R.S. 40:2405(J) is hereby enacted to read as follows:
15 §2405. Peace officer training requirements; reimbursement by peace officer
16	*          *          *
17	J. Notwithstanding any provision of law to the contrary, the P.O.S.T.
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 287
SLS 16RS-349	ORIGINAL
1 qualification of any qualified peace officer, whether employed full-time, part-
2 time, or reserve, shall be immediately revoked upon a conviction of malfeasance
3 in office.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Ashley E. Menou.
DIGEST
SB 287 Original 2016 Regular Session	Ward
Present law establishes the Council on Peace Officer Standards and Training and authorizes
the Council to develop curriculum requirements for the training of peace officers and
accredit law enforcement training centers. Present law further provides for the training
requirements of peace officers.
Present law provides that malfeasance in office is committed when any public officer or
public employee:
(1)Intentionally refuses or fails to perform any duty lawfully required of him, as such
officer or employee; or
(2)Intentionally perform any such duty in an unlawful manner; or
(3)Knowingly permit any other public officer or public employee, under his authority,
to intentionally refuse or fail to perform any duty lawfully required of him, or to
perform any such duty in an unlawful manner.
Proposed law provides for the immediate removal of the P.O.S.T. qualification of any full-
time, part-time, or reserve peace officer upon a conviction of malfeasance in office.
Effective August 1, 2016.
(Adds R.S. 14:134(C)(3) and R.S.40:2405(J))
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.