HLS 22RS-452 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 745
BY REPRESENTATIVE GREEN
LAW ENFORCE/OFFICERS: Provides relative to the officer bill of rights
1 AN ACT
2To amend and reenact R.S. 40:2533(D), to enact R.S. 40:2537, and to repeal R.S.
3 40:2531(C), relative to officer disciplinary matters; to provide for the time sustained
4 complaints remain in officer personnel files; to provide for public records requests
5 relative to officer personnel files; to provide for whistleblower protection; and to
6 provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 40:2533(D) is hereby amended and reenacted and R.S. 40:2537 is
9hereby enacted to read as follows:
10 §2533. Personnel files
11 * * *
12 D. Sustained complaints against the law enforcement officer shall remain in
13 the officer's personnel file for a period of at least ten years permanently and shall be
14 subject to public records requests, but only after the officer has exhausted all
15 administrative appeals to which he is entitled.
16 * * *
17 §2537. Whistleblower protection and cause of action
18 A. No police employee shall be discharged, demoted, suspended, threatened,
19 harassed, or discriminated against in any manner in the terms and conditions of his
20 employment because of any lawful act engaged in by the employee or on behalf of
21 the employee in furtherance of any action taken to report malfeasance in office by
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-452 ORIGINAL
HB NO. 745
1 police employees to law enforcement, whether such fellow employee is a co-worker,
2 supervisor or subordinate.
3 B.(1) A police employee may bring an action for relief against his employer,
4 in a court of competent jurisdiction, for damages associated with any action taken
5 by the employee which is in furtherance of reporting malfeasance in office.
6 (2) A person aggrieved of a violation of Subsection A of this Section shall
7 be entitled to treble damages plus court costs and reasonable attorney fees.
8 C. A plaintiff shall not be entitled to recovery pursuant to this Section if the
9 court finds that the plaintiff instituted or proceeded with an action that was frivolous,
10 vexatious, or harassing.
11 Section 2. R.S. 40:2531(C) is hereby repealed in its entirety.
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 745 Original 2022 Regular Session Green
Abstract: Requires sustained complaints to remain in an officer's personnel file, subjects
officer personnel files with sustained complaints to public records requests, and
provides for whistleblower protection.
Present law provides that sustained complaints of a law enforcement officer shall remain in
the officer's personnel file for a period of at least 10 years, but only after the officer has
exhausted all administrative appeals to which he is entitled.
Proposed law amends present law to provide that sustained complaints shall remain in an
officer's personnel file permanently and subjects officer personnel files containing sustained
complaints to public records requests.
Proposed law provides that no police employee shall be discharged, demoted, suspended,
threatened, harassed, or discriminated against in any manner in the terms and conditions of
his employment because of any lawful act engaged in by the employee or on behalf of the
employee in furtherance of any action taken to report malfeasance in office by police
employees to law enforcement, whether such fellow employee is a co-worker, supervisor or
subordinate.
Proposed law provides that a police employee may bring action for relief against his
employer, in a court of competent jurisdiction, for damages associated with any action taken
by the employee which is in furtherance of reporting malfeasance in office.
Proposed law provides that a person aggrieved of a violation of proposed law shall be
entitled to treble damages plus court costs and reasonable attorney fees.
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HB NO. 745
Proposed law provides that a plaintiff shall not be entitled to recovery pursuant to proposed
law if the court finds that the plaintiff instituted or proceeded with an action that was
frivolous, vexatious, or harassing.
Present law (R.S. 40:2531(C)) provides that there shall be no discipline, demotion, dismissal,
or adverse action of any sort taken against a police employee or law enforcement officer
unless the investigation is conducted in accordance with the minimum standards provided
by present law. Provides that any discipline, demotion, dismissal, or adverse action of any
sort whatsoever taken against a police employee or law enforcement officer without
complete compliance with the foregoing minimum standards is an absolute nullity.
Proposed law repeals present law.
(Amends R.S. 40:2533(D); Adds R.S. 40:2537; Repeals R.S. 40:2531(C))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.