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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 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 to investigate a traffic accident in any parish with a population of not less
4 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 to
16 investigate traffic accidents in accordance with the provisions of this Subsection,
17 with the exception of traffic accidents that meet the following criteria:
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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 (a) Accidents resulting in the death or injury to any person.
2 (b) Accidents involving a driver who refuses to or cannot provide a
3 driver's license, proof of insurance, or vehicle registration.
4 (c) Accidents involving a driver who is suspected of being under the
5 influence of alcohol, narcotics, or other controlled substances.
6 (2) The superintendent of police shall establish qualifications for any
7 civilian traffic control officer who is authorized to conduct a traffic accident
8 investigation pursuant to the provisions of this Subsection, and shall have the
9 qualifications adopted by the governing authority. A civilian traffic control
10 officer shall be trained by the parish's police department prior to conducting
11 any traffic accident investigation pursuant to the provisions of this Subsection.
12 (3) A civilian traffic control officer, who is authorized to investigate
13 traffic accidents pursuant to the provisions of this Subsection, shall provide an
14 accident report in accordance with the provisions of this Section, but shall not
15 be authorized to issue traffic citations. If the civilian traffic control officer has
16 reason to believe that a criminal offense has occurred or that the traffic accident
17 involves one of the criteria listed in Paragraph (1) of this Subsection, the civilian
18 traffic control officer shall report that information immediately to the parish's
19 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 Engrossed 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 255,000 nor more than 350,000, based upon the latest federal decennial census, to
authorize a civilian traffic control officer 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 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
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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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training to a civilian traffic control officer that meets the qualifications prior to conducting
any traffic accident investigation under proposed law.
Proposed law requires the civilian traffic control officer 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))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill
1. Removes authority for a superintendent of police to authorize or utilize an
"entity" to investigate certain traffic accidents.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.