HLS 17RS-281 REENGROSSED
2017 Regular Session
HOUSE BILL NO. 481
BY REPRESENTATIVES JACKSON, BAGNERIS, GARY CARTER, GAINES, JIMMY
HARRIS, JAMES, MARINO, AND ZERINGUE AND SENATOR BARROW
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
LAW ENFORCE/OFFICERS: Provides relative to law enforcement officers
1 AN ACT
2To amend and reenact R.S.15:1212(B)(introductory paragraph), (1), and (4) and 1212.1(B),
3 R.S. 40:2402(3)(a), (c), and (d) and 2405(A)(1) and (2), and R.S.
4 44:3(A)(introductory paragraph) and 4.1(B)(8), to enact R.S. 15:1212.1(C), (D), (E),
5 and (F) and R.S. 44:4(54), and to repeal R.S. 40:2405(E)(2), relative to law
6 enforcement; to provide relative to the Louisiana Uniform Law Enforcement
7 Statewide Reporting Database; to provide relative to the information reported to and
8 contained in the database; to provide relative to the use of information in the
9 database; to provide for certain information that is exempt from disclosure; to
10 provide relative to the definition of a peace officer; to provide relative to the time
11 periods within which peace officers are required to obtain training and certification;
12 to provide relative to the Public Records Law; to provide for an emergency effective
13 date; and to provide for related matters.
14Be it enacted by the Legislature of Louisiana:
15 Section 1. R.S.15:1212(B)(introductory paragraph), (1), and (4) and 1212.1(B) are
16hereby amended and reenacted and R.S. 15:1212.1(C), (D), (E), and (F) are hereby enacted
17to read as follows:
18 §1212. Creation of database; functions
19 * * *
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1 B. The commission shall be the central depository for all information
2 submitted for entry into the database by law enforcement agencies, correctional
3 agencies, and institutions and shall have the following functions, powers, and duties:
4 (1) To establish, through electronic data processing and related procedures,
5 a database by which relevant information can be collected, coordinated, analyzed,
6 and made readily available to serve and be electronically accessible to qualified law
7 enforcement agencies concerned with the hiring practices, P.O.S.T. certifications,
8 disciplinary actions, resignations, terminations, and training of law enforcement
9 officers located anywhere in the state. The commission Council on Peace Officer
10 Standards and Training shall prescribe the terms and conditions under which such
11 agencies shall contribute or gain access to information contained in the database
12 files.
13 * * *
14 (4) To prepare and distribute, to all such persons and agencies, forms to be
15 used in reporting data to the database. The forms shall provide for detailed
16 information regarding the name of the law enforcement officer, the designated
17 position, the status of all P.O.S.T. certifications and decertifications related to
18 training and qualifications, the hire date, the final disposition of disciplinary actions
19 that result in involuntary termination, resignations in lieu of termination, resignations
20 pending an investigation, final judgments in civil cases related to civil rights
21 violations under the provisions of 42 U.S.C. 1983 or related to serious bodily injury
22 as defined in R.S. 14:34.1(B)(3) or criminal cases related to the duties of a law
23 enforcement officer in the course and scope of his employment when the misconduct
24 of that specific law enforcement officer gave rise to the cause of action, and the date
25 of separation from service.
26 * * *
27 §1212.1. Report to the system; duties of persons and agencies
28 * * *
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1 B. Upon the request of the commission, all All law enforcement agencies
2 shall provide any other such assistance, information, and data which are reasonable
3 and available to enable the commission to properly carry out its powers and duties.
4 C. A law enforcement agency shall obtain and certify to the commission that
5 it has received the required information as provided in R.S. 15:1212(B)(4) from the
6 database before hiring a law enforcement officer.
7 D. Except in cases of willful or wanton misconduct or gross negligence, the
8 commission, Council on Peace Officer Standards and Training, or a law enforcement
9 agency, correctional agency, or institution shall not be civilly or criminally liable for
10 the release or reporting of information provided in R.S. 15:1212(B)(4) when released
11 or reported pursuant to the provisions of this Section.
12 E. The personal information of a peace officer including the peace officer's
13 home address, home telephone number, birth date, Social Security number, driver's
14 license number, and username for P.O.S.T. electronic data/training systems
15 contained in the database central depository shall be confidential and shall not be
16 subject to disclosure by the commission or Council on Peace Officer Standards and
17 Training pursuant to the Public Records Law but may be disclosed to a requesting
18 law enforcement agency in this or another state, accredited training academies of the
19 Council on Peace Officer Standards and Training, and to councils on peace officer
20 standards and training in other states.
21 F. The information received by the commission as provided in R.S.
22 15:1212(B)(4), other than certification and training records of a law enforcement
23 officer, shall be used for hiring or revocation purposes only and shall not be
24 disclosed to any persons other than a qualifying law enforcement agency.
25 * * *
26 Section 2. R.S. 40:2402(3)(a), (c), and (d) and 2405(A)(1) and (2) are hereby
27amended and reenacted to read as follows:
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1 §2402. Definitions
2 As used in this Chapter:
3 * * *
4 (3)(a) "Peace officer" means any full-time employee of the state, a
5 municipality, a sheriff, or other public agency, whose permanent duties actually
6 include the making of arrests, the performing of searches and seizures, or the
7 execution of criminal warrants, and is responsible for the prevention or detection of
8 crime or for the enforcement of the penal, traffic, or highway laws of this state, but
9 not including any elected or appointed head of a law enforcement department.
10 * * *
11 (c) "Peace officer" shall also include full-time military police officers within
12 the Military Department, State state of Louisiana.
13 (d) "Peace officer" shall also include full-time security personnel employed
14 by the Supreme Court of the state of Louisiana.
15 * * *
16 §2405. Peace officer training requirements; reimbursement by peace officer
17 A.(1) Notwithstanding any other provision of law to the contrary Except as
18 otherwise provided in Paragraph (2) of this Subsection, any person who begins
19 employment as a peace officer in Louisiana subsequent to January 1, 1986, must
20 successfully complete a certified training program approved by the council and
21 successfully pass a council-approved comprehensive examination within one
22 calendar year from the date of initial employment. The one-year period in which a
23 peace officer is required to complete a certified training program approved by the
24 council and successfully pass a council-approved comprehensive examination is not
25 interrupted if the peace officer leaves the employing agency to be employed as a
26 peace officer in another agency in Louisiana. Any person who fails to comply with
27 this requirement shall be prohibited from exercising the authority of a peace officer;
28 however, such persons shall not be prohibited from performing administrative duties.
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1 (2) In addition, any person employed or commissioned as a peace officer,
2 reserve peace officer, or part-time peace officer prior to July 1, 1998, including those
3 persons employed as such prior to January 1, 1986, who has not satisfactorily
4 completed a basic firearms training program, shall do so no later than August 1,
5 1999. All other such persons who begin employment subsequent to July 1, 1998,
6 shall satisfactorily complete a basic firearms training program prescribed by the
7 council within one calendar year from the date of initial employment. Any person
8 who does not comply with the provisions of this Paragraph shall be prohibited from
9 exercising the authority of a peace officer, reserve peace officer, or part-time peace
10 officer; however, such persons shall not be prohibited from performing
11 administrative duties.
12 (a) The council shall promulgate administrative rules for the certification
13 requirements of part-time and reserve peace officers employed on or after the
14 effective date of this Act and prior to January 1, 2022, subject to oversight by the
15 House Committee on Judiciary and Senate Committee on Judiciary B.
16 (b) Any person who begins employment as a part-time or reserve peace
17 officer in Louisiana on or after January 1, 2022, shall be subject to the requirements
18 of Paragraph (1) of this Subsection.
19 * * *
20 Section 3. R.S. 44:3(A)(introductory paragraph) and 4.1(B)(8) are hereby amended
21and reenacted and R.S. 44:4(54) is hereby enacted to read as follows:
22 §3. Records of prosecutive, investigative, and law enforcement agencies and
23 communications districts
24 A. Nothing in this Chapter shall be construed to require disclosures of
25 records, or the information contained therein, held by the offices of the attorney
26 general, district attorneys, sheriffs, police departments, Department of Public Safety
27 and Corrections, marshals, investigators, public health investigators, correctional
28 agencies, communications districts, intelligence agencies, Council on Peace Officer
29 Standards and Training, Louisiana Commission on Law Enforcement and
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1 Administration of Criminal Justice, or publicly owned water districts of the state,
2 which records are:
3 * * *
4 §4. Applicability
5 This Chapter shall not apply:
6 * * *
7 (54) To the personal information of a peace officer as provided in R.S.
8 15:1212.1(E) in the custody of the Council on Peace Officer Standards and Training
9 or the Louisiana Commission on Law Enforcement and the Administration of
10 Criminal Justice.
11 §4.1. Exceptions
12 * * *
13 B. The legislature further recognizes that there exist exceptions, exemptions,
14 and limitations to the laws pertaining to public records throughout the revised
15 statutes and codes of this state. Therefore, the following exceptions, exemptions, and
16 limitations are hereby continued in effect by incorporation into this Chapter by
17 citation:
18 * * *
19 (8) R.S. 15:242, 440.6, 477.2, 549, 570(F), 574.12, 578.1, 616, 660, 840.1,
20 1176, 1204.1, 1212.1(E), 1507, 1614
21 * * *
22 Section 4. R.S. 40:2405(E)(2) is hereby repealed in its entirety.
23 Section 5. This Act shall become effective upon signature by the governor or, if not
24signed by the governor, upon expiration of the time for bills to become law without signature
25by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
26vetoed by the governor and subsequently approved by the legislature, this Act shall become
27effective on the day following such approval.
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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 481 Reengrossed 2017 Regular Session Jackson
Abstract: Provides for a law enforcement officer database and provides for training
requirements.
Present law creates the "Louisiana Uniform Law Enforcement Statewide Reporting
Database" (database) to be administered by the La. Commission on Law Enforcement and
the Administration of Criminal Justice (commission) and authorizes the commission to
appoint employees, agents, consultants, or special committees to manage the database.
Present law requires that the commission be the central depository for all information
submitted for the database, and provides for the procedures, powers, and duties of the
commission for the creation, operation, maintenance, and use of or access to the database.
Present law requires the commission to prepare and distribute forms to all law enforcement
agencies for reporting information regarding the name, position, certifications related to
training and qualifications, and hire and separation from service dates for all law
enforcement officers.
Proposed law retains present law and requires all law enforcement agencies and the Council
on Peace Officer Standards and Training (council) to provide the following additional
information for inclusion in the database: all P.O.S.T. certifications and decertifications, the
final disposition of disciplinary actions that result in involuntary termination, resignations
in lieu of termination, and resignations pending an investigation, and final judgments in civil
cases related to civil rights violations under the provisions federal law relative to civil rights
violations (42 U.S.C. 1983) or related to serious bodily injury as defined in present law (R.S.
14:34.1(B)(3)) or criminal cases related to the duties of a law enforcement officer when the
misconduct of that specific law enforcement officer gave rise to the cause of action.
Proposed law requires that the database be electronically accessible to qualified law
enforcement agencies.
Proposed law requires all law enforcement agencies to obtain and certify to the commission
that it has received the information reported to the database under present law and proposed
law prior to hiring a law enforcement officer.
Proposed law limits the liability of the commission, council, a law enforcement agency,
correctional agency, or institution for the release or reporting of information required by
proposed law.
Proposed law provides that the information in the database is confidential and not subject
to disclosure pursuant to a public records request.
Present law defines "peace officer" as any full-time employee of the state, a municipality,
a sheriff, or other public agency, whose permanent duties actually include the making of
arrests, the performing of searches and seizures, or the execution of criminal warrants, and
is responsible for the prevention or detection of crime or for the enforcement of the penal,
traffic, or highway laws of this state, but not including any elected or appointed head of a
law enforcement department. Present law also defines "peace officer" as a sheriff's deputy
whose duties include the care, custody, and control of inmates and a full-time military police
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officer with the Military Dept. or full-time security personnel employed by the La. Supreme
Court.
Proposed law retains present law but removes the requirement that a "peace officer" be a
full-time employee.
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 accredit
law enforcement training centers. Present law further provides for the training requirements
for peace officers.
Present law requires all peace officers to be certified by the council 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.
Provides exceptions.
Proposed law provides that the one-year period is not interrupted if the peace officer leaves
the employing agency to be employed as a peace officer in another agency.
Proposed law retains present law but makes it applicable to part-time and reserve peace
officers.
Proposed law retains present law and requires part-time or reserve peace officers hired after
Jan. 1, 2022, to successfully complete a certified training program approved by the council
and successfully pass a council-approved comprehensive examination within one calendar
year from initial date of employment.
Proposed law requires the council to promulgate rules for the certification requirements of
part-time and reserve peace officers employed prior to Jan. 1, 2022.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S.15:1212(B)(intro. para.), (1), and (4) and 1212.1(B), R.S. 40:2402(3)(a), (c),
and (d) and 2405(A)(1) and (2), and R.S. 44:3(A)(intro. para.) and 4.1(B)(8); Adds R.S.
15:1212.1(C), (D), (E), and (F), and R.S. 44:4(54); Repeals R.S. 40:2405(E)(2))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original
bill:
1. Remove the requirement that the final disposition of formal investigations related
to law enforcement misconduct be submitted to the database by law enforcement
agencies.
2. Add the requirement that final judgements in civil or criminal cases related to the
duties of a law enforcement officer when the misconduct of that specific law
enforcement officer gave rise to the cause of action be submitted to the database
by law enforcement agencies.
3. Make technical amendments.
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the engrossed bill:
1. Limit the civil cases required to be reported to cases related to civil rights
violations or serious bodily injury.
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2. Clarify that the personal information of a peace officer in the database may be
disclosed to requesting law enforcement agencies, accredited training academies,
and councils on peace officer standards and training in other states and remove
conflicting language allowing the general disclosure of information by the
council, its accredited training academies, law enforcement agencies, and
councils on peace officer standards and training in other states.
3. Clarify the certification requirements applicable to part-time and reserve peace
officers employed before Jan. 1, 2022, are those promulgated by the council, and
the certification requirements applicable to part-time and reserve peace officers
employed on and after Jan. 1, 2022, are the same as those applicable to full-time
peace officers.
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