HLS 18RS-607 ORIGINAL
2018 Regular Session
HOUSE BILL NO. 221
BY REPRESENTATIVE MACK
LAW ENFORCE/OFFICERS: Provides relative to the requirements for submission of DNA
samples by peace officers
1 AN ACT
2To amend and reenact R.S. 40:2405.4(A) and (C), relative to peace officers; to provide
3 relative to the submission of DNA samples; to provide relative to the storage of DNA
4 samples; and to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 40:2405.4(A) and (C) are hereby amended and reenacted to read as
7follows:
8 ยง2405.4. Additional requirements of peace officers
9 A. Notwithstanding any provision of law to the contrary, any person being
10 hired as a peace officer with a law enforcement agency on or after August 15, 2003,
11 shall provide the law enforcement agency with a sample of his DNA material and
12 fingerprint prior to the commencement of the discharge of his duties. The law
13 enforcement agency shall submit the DNA material to the appropriate criminal
14 laboratory for testing. The law enforcement agency shall also conduct a criminal
15 background check of any peace officer it employs after August 15, 2003.
16 * * *
17 C. Any person hired as a peace officer with a law enforcement agency on or
18 after August 15, 2003, shall have his DNA tested by the taking of a biological
19 sample collected and the biological sample stored. A person currently employed as
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-607 ORIGINAL
HB NO. 221
1 a peace officer may authorize that his DNA be tested by the taking of a biological
2 sample.
3 * * *
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 221 Original 2018 Regular Session Mack
Abstract: Allows law enforcement agencies that hire peace officers on or after Aug. 15,
2003, to continue to collect DNA samples and fingerprints prior to peace officers
beginning their duties, and provides that those hiring agencies shall store the
collected samples instead of having them tested in crime laboratories.
Present law requires any peace officer hired after Aug. 15, 2003, to submit a sample of DNA
and fingerprints prior to starting his employment duties. Requires the hiring agency to
submit the DNA material to the appropriate criminal laboratory for testing.
Proposed law retains the requirement that peace officers hired on or after Aug. 15, 2003,
submit a sample of DNA material and fingerprints prior to starting his duties, but removes
the requirement that the law enforcement agency must submit the material to any criminal
laboratory for testing. Instead, requires the hiring agency to store all collected biological
samples and not test them.
(Amends R.S. 40:2405.4(A) and (C))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.