HLS 17RS-391 ORIGINAL
2017 Regular Session
HOUSE BILL NO. 277
BY REPRESENTATIVE JAMES
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
LAW ENFORCE/OFFICERS: Provides relative to training of peace officers
1 AN ACT
2To amend and reenact R.S. 40:2405(A)(2), (E), (H)(2)(a), and (I)(2), to enact R.S.
3 40:2404.2, and to repeal R.S. 40:2405.5(F), relative to peace officers; to provide for
4 training of peace officers; to provide for minimum training requirements; to provide
5 for annual training; to provide for certain mandatory basic and annual certification
6 hours for peace officers; to provide for certain time periods in which to obtain
7 training and certification; to provide for an emergency effective date; and to provide
8 for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 40:2405(A)(2), (E), (H)(2)(a), and (I)(2) are hereby amended and
11reenacted and R.S. 40:2404.2 is hereby enacted to read as follows:
12 §2404.2. Minimum training requirements; basic curriculum; annual training
13 A. In addition to all training requirements provided for in this Chapter, in
14 order to be certified as a level one basic law enforcement peace officer, all persons
15 shall successfully complete a minimum of four hundred hours of core curriculum for
16 basic peace officers as prescribed by the council.
17 B. All full-time, part-time, or reserve peace officers shall successfully
18 complete a minimum of twenty hours of in-service training requirements prescribed
19 by the council on an annual basis. All initial training requirements must be
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HB NO. 277
1 completed within the first calendar year after receiving P.O.S.T. certification and
2 annually thereafter.
3 C. No later than January 1, 2018, the council shall develop and implement
4 curriculum for de-escalation, bias policing recognition, sudden in-custody death, and
5 crisis intervention training for peace officers that consists of classroom or internet
6 instruction, or both.
7 * * *
8 §2405. Peace officer training requirements; reimbursement by peace officer
9 A.
10 * * *
11 (2) In addition, any person employed or commissioned as a peace officer,
12 reserve peace officer, or part-time peace officer prior to July 1, 1998, including those
13 persons employed as such prior to January 1, 1986, who has not satisfactorily
14 completed a basic firearms training program, shall do so no later than August 1,
15 1999. All other such persons who begin employment subsequent to July 1, 1998,
16 shall satisfactorily complete a basic firearms training program prescribed by the
17 council within one calendar year from the date of initial employment. Any person
18 who does not comply with the provisions of this Paragraph shall be prohibited from
19 exercising the authority of a peace officer, reserve peace officer, or part-time peace
20 officer; however, such persons shall not be prohibited from performing
21 administrative duties Notwithstanding any other provision of law to the contrary,
22 any person who begins employment as a part-time or reserve peace officer in
23 Louisiana subsequent to January 1, 2020, must successfully complete a certified
24 training program approved by the council and successfully pass a council-approved
25 comprehensive examination within one calendar year from the date of initial
26 employment. Any person who fails to comply with the requirements of this
27 Paragraph shall be prohibited from exercising the authority of a peace officer;
28 however, such person shall not be prohibited from performing administrative duties.
29 * * *
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1 E.(1) Peace officers employed after January 1, 1986, in villages of one
2 thousand or less, according to the last decennial census, shall have a period of two
3 calendar years to comply with the provisions of this Section. In addition, full-time
4 peace officers employed in such a village which adopts a home rule charter after July
5 1, 1998, and who was employed as such at the time of adoption of the charter, shall
6 have a period of two calendar years from the date of adoption of the charter to
7 comply with the provisions of this Section except as provided by Paragraph (A)(2)
8 of this Section. In no case shall a peace officer of such a village be prevented from
9 continuing his duties or receiving regular or supplemental pay if the village is unable
10 to provide the requisite training because of a shortage of funds.
11 (2) Except as required by law in order to be validly employed, part-time
12 peace officers are exempt from the requirements of this Subsection.
13 * * *
14 H.
15 * * *
16 (2)(a) A person who is not serving as a peace officer, but who retains the
17 qualifications to do so, as provided in Paragraph (1) of this Subsection, may resume
18 service as a qualified peace officer during the five-year period without the
19 requirement of any further training prior to such resumption provided the officer
20 successfully requalifies with his or her firearm in accordance with the provisions of
21 Paragraph (A)(2) of this Section and completes additional annual training required
22 by the council.
23 * * *
24 I. Any person who is enrolled in a law enforcement curriculum and who
25 successfully completes a certified Police Officer Standards and Training course or
26 academy subsequent to July 1, 2005, and does not begin employment as a peace
27 officer upon completion of the course or academy shall maintain their P.O.S.T.
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1 qualification status for a period of two years provided they meet the following
2 requirements:
3 * * *
4 (2) Satisfactorily fulfill all requirements for annual basic firearms training
5 and any additional training required by the council.
6 * * *
7 Section 2. R.S. 40:2405.5(F) is hereby repealed in its entirety.
8 Section 3. This Act shall become effective upon signature by the governor or, if not
9signed by the governor, upon expiration of the time for bills to become law without signature
10by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
11vetoed by the governor and subsequently approved by the legislature, this Act shall become
12effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 277 Original 2017 Regular Session James
Abstract: Requires certain mandatory basic and annual certification hours for peace
officers and establishes the time periods for all peace officers to obtain P.O.S.T.
training and certification.
Present law establishes the Council on Peace Officer Standards and Training and authorizes
the council to develop curriculum requirements for training of peace officers and to accredit
law enforcement training centers. Present law further provides for the training requirements
for peace officers.
Proposed law requires all peace officers to successfully complete a minimum of 400 hours
of basic core curriculum training and a minimum of 20 hours of in service training on an
annual basis to maintain P.O.S.T. certification, to be prescribed by the council.
Proposed law requires the council to develop and implement curriculum for de-escalation,
bias policing recognition, sudden in-custody death, and crisis intervention training for peace
officers no later than Jan. 1, 2018.
Present law requires all peace officers to be certified by the Council on Peace Officer
Standards and Training by completing a certified training program prescribed by the council
and to successfully pass a council approved comprehensive examination within one calendar
year from the date of initial employment.
Proposed law retains present law but requires part-time or reserve peace officers hired after
Jan. 1, 2020, to successfully complete a certified training program approved by the council
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HB NO. 277
and successfully pass a council-approved comprehensive examination within one calendar
year from initial date of employment.
Present law also requires peace officers hired after Jan. 1, 1986, in a village with a
population of less than 1,000 to obtain P.O.S.T. certification within 2 calendar years and
exempts part-time and reserve peace officers from this requirement.
Proposed law retains present law but requires part-time or reserve peace officers hired after
Jan. 1, 2022, to successfully complete a certified training program approved by the council
and to successfully pass a council-approved comprehensive examination within one calendar
year from initial date of employment.
Present law further provides that any person who fails to comply with training requirements
shall not be prohibited from performing administrative duties.
Present law requires the Council on Peace Officer Standards and Training to develop and
implement by Aug. 1, 2006, a training course on law enforcement interaction with mentally
ill or developmentally disabled persons with assistance from community, local, and state
organizations specialized in the area of working with such population.
Present law further provides that the training course on law enforcement interaction with
mentally ill and developmentally disabled persons will be implemented when funding is
made available for such program. Proposed law retains present law but removes the funding
contingency language provided in present law.
(Amends R.S. 40:2405(A)(2), (E), (H)(2)(a), and (I)(2); Adds R.S. 40:2404.2; Repeals R.S.
40:2405.5(F))
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