HASBSB34 TYLERT 2754
SENATE SUMMARY OF HOUSE AMENDMENTS
SB 34 2021 Regular Session Fields
KEYWORD AND SUMMARY AS RETURNED TO THE SENATE
LAW ENFORCEMENT. Provide responsibilities of law enforcement officers
while interacting with the public. (8/1/21)
SUMMARY OF HOUSE AMENDMENTS TO THE SENATE BILL
1. Removes requirement for council to develop and implement curriculum
providing instruction for personnel on the duty to intervene.
DIGEST OF THE SENATE BILL AS RETURNED TO THE SENATE
SB 34 Reengrossed 2021 Regular Session Fields
Proposed law requires any law enforcement agency that utilizes body worn cameras to have
a policy regarding the activation and deactivation of such cameras by the officer no later than
January 1, 2022.
Proposed law requires any law enforcement motor vehicle that is equipped with a dash
camera that has the technology to automatically record upon the activation of the motor
vehicle's police emergency lights to utilize that technology no later than January 1, 2022.
Proposed law prohibits the use of choke holds and carotid holds, except when the officer
reasonably believes he or another person is at risk of great bodily harm or when deadly force
is authorized.
Proposed law provides that no law enforcement officer shall seek, execute, or participate in
the execution of a no-knock search warrant, except in cases where both of the following
apply:
(1)The affidavit supporting the request for the warrant establishes probable cause that
exigent circumstances exist requiring the warrant to be executed in a no-knock
manner. Exigent circumstances include circumstances where the surprise of a
no-knock entry is necessary to protect life and limb of the law enforcement officers
and the occupants.
(2)The copy of the warrant being executed that is in the possession of law enforcement
officers to be delivered includes the judge's signature.
Proposed law provides that a search warrant authorized under proposed law shall require that
a law enforcement officer be recognizable and identifiable as a uniformed law enforcement
officer and provide audible notice of his authority and purpose reasonably expected to be
heard by occupants of such place to be searched prior to the execution of such search
warrant.
Proposed law provides that after entering and securing the place to be searched and prior to
undertaking any search or seizure pursuant to the search warrant, the executing law
enforcement officer shall read and give a copy of the search warrant to the person to be
searched or the owner of the place to be searched or, if the owner is not present, to any
occupant of the place to be searched.
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Proposed law provides that if the place to be searched is unoccupied, the executing law
enforcement officer shall leave a copy of the search warrant suitably affixed to the place to
be searched.
Proposed law requires that search warrants authorized under proposed law be executed only
from sunrise to sunset except in either of the following instances:
(1)A judge authorizes the execution of such search warrant at another time for good
cause shown.
(2)The search warrant is for the withdrawal of blood. A search warrant for the
withdrawal of blood may be executed at any time of day.
Proposed law prohibits any evidence obtained from a search warrant in violation of proposed
law from being admitted into evidence for prosecution.
Proposed law defines "no-knock warrant" as a warrant issued by a judge that allows law
enforcement to enter a property without immediate prior notification of the residents, such
as by knocking or ringing a doorbell.
Proposed law provides that only a district court judge may issue a no-knock warrant under
proposed law.
Effective August 1, 2021.
(Adds R.S. 40:2551-2553, and C.Cr. P. Art. 162.3)
______________________
Thomas L. Tyler
Deputy Chief of Staff
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