Louisiana 2017 2017 Regular Session

Louisiana House Bill HB481 Comm Sub / Analysis

                    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 Original	2017 Regular Session	Jackson
Abstract: Provides relative to law enforcement officers.
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 report to the database for submission all P.O.S.T.
certifications and decertifications, the final disposition of disciplinary actions that result in
involuntary termination, the final disposition of formal investigations related to law enforcement
misconduct, resignations in lieu of termination, and resignations pending an investigation. 
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 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 also exempts records held by the database including personal information of the law
enforcement officer or pertaining to an ongoing investigation from disclosure by 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 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. 
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.
Present law requires peace officers  hired after Jan. 1, 1986, in a village with a population of less
than 1,000, to be P.O.S.T. certified within two calendar years and exempts part-time and reserve
peace officers from this requirement.
Proposed law retains present law but removes the part-time and reserve peace officer training
exemption.
 
Present law further provides that any person who fails to comply with training requirements shall
not be prohibited from performing administrative duties.
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))