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2017 Regular Session
SENATE BILL NO. 80
BY SENATOR BISHOP
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TRAFFIC. Authorizes civilian traffic control officer or entity to investigate certain traffic
accidents in certain parishes. (8/1/17)
1 AN ACT
2 To enact R.S. 32:398(N), relative to traffic accidents; to authorize a civilian traffic control
3 officer or entity to investigate a traffic accident in any parish with a population of not
4 less than two hundred fifty-five thousand nor more than three hundred fifty thousand,
5 based upon the latest federal decennial census; to provide for exceptions; to provide
6 for qualifications and training; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 32:398(N) is hereby enacted to read as follows:
9 ยง398. Accident reports; when and to whom made; information aid; fees for copies;
10 fees for accident photographs
11 * * *
12 N.(1) Notwithstanding the provisions of this Section, in any parish with
13 a population of not less than two hundred fifty-five thousand nor more than
14 three hundred fifty thousand, based upon the latest federal decennial census, the
15 superintendent of police may authorize a civilian traffic control officer or entity
16 to investigate traffic accidents in accordance with the provisions of this
17 Subsection, with the exception of traffic accidents that meet the following
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 80
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1 criteria:
2 (a) Accidents resulting in the death or injury to any person.
3 (b) Accidents involving a driver who refuses to or cannot provide a
4 driver's license, proof of insurance, or vehicle registration.
5 (c) Accidents involving a driver who is suspected of being under the
6 influence of alcohol, narcotics, or other controlled substances.
7 (2) The superintendent of police shall establish qualifications for any
8 civilian traffic control officer or entity who is authorized to conduct a traffic
9 accident investigation pursuant to the provisions of this Subsection, and shall
10 have the qualifications adopted by the governing authority. A civilian traffic
11 control officer or entity shall be trained by the parish's police department prior
12 to conducting any traffic accident investigation pursuant to the provisions of
13 this Subsection.
14 (3) A civilian traffic control officer or entity, who is authorized to
15 investigate traffic accidents pursuant to the provisions of this Subsection, shall
16 provide an accident report in accordance with the provisions of this Section, but
17 shall not be authorized to issue traffic citations. If the civilian traffic control
18 officer or entity has reason to believe that a criminal offense has occurred or
19 that the traffic accident involves one of the criteria listed in Paragraph (1) of
20 this Subsection, the civilian traffic control officer or entity shall report that
21 information immediately to the parish's police department.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
SB 80 Original 2017 Regular Session Bishop
Present law requires a law enforcement officer (state police, sheriff, or local police officer)
to investigate and report traffic accidents within their jurisdiction to the Dept. of Public
Safety and Corrections.
Proposed law authorizes the superintendent of police in any parish with a population of not
less than 250,000 nor more than 350,000, based upon the latest federal decennial census, to
authorize a civilian traffic control officer or entity to investigate traffic accidents except
when the traffic accident (1) results in the death or injury to any person; (2) involves a driver
who refuses to or cannot provide a driver's license, proof of insurance, or vehicle
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 80
SLS 17RS-313 ORIGINAL
registration; or (3) involves a driver who is suspected of being under the influence of
alcohol, narcotics, or other controlled substances.
Proposed law requires the superintendent of police to establish qualifications for and provide
training to a civilian traffic control officer or entity that meets the qualifications prior to
conducting any traffic accident investigation under proposed law.
Proposed law requires the civilian traffic control officer or entity to provide an accident
report to the DPS&C and to immediately report the accident to the parish police department
if he believes a criminal offense has occurred or the accident (1) results in the death or injury
to any person; (2) involves a driver who refuses to or cannot provide a driver's license, proof
of insurance, or vehicle registration; or (3) involves a driver who is suspected of being under
the influence of alcohol, narcotics, or other controlled substances.
Effective August 1, 2017.
(Adds R.S. 32:398(N))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.