HLS 22RS-452 ENGROSSED
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) and to enact R.S. 40:2537, relative to officer
3 disciplinary matters; to provide for the time sustained complaints remain in officer
4 personnel files; to provide for public records requests relative to officer personnel
5 files; to provide for whistleblower protection; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 40:2533(D) is hereby amended and reenacted and R.S. 40:2537 is
8hereby enacted to read as follows:
9 §2533. Personnel files
10 * * *
11 D.(1) Sustained complaints against the law enforcement officer shall remain
12 in the officer's personnel file for a period of at least ten years permanently and shall
13 be subject to public records requests, but only after the officer has exhausted all
14 administrative appeals to which he is entitled.
15 (2) Notwithstanding Paragraph (1) of this Subsection, all of the following
16 sustained complaints shall remain in the officer's personnel file permanently and
17 shall be subject to a public records requests after the officer has exhausted all
18 administrative appeals to which he is entitled:
19 (a) Sustained complaints regarding unauthorized use of force or unauthorized
20 use of a service weapon by the officer.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-452 ENGROSSED
HB NO. 745
1 (b) Sustained complaints regarding sexual assault or harassment.
2 (c) Sustained complaints regarding dishonesty relative to the reporting,
3 investigation, or prosecution of a crime or direct relation to the reporting or
4 investigation of misconduct by another peace officer or custodial officer, including,
5 but not limited to, findings of perjury, false statements, filing false reports,
6 destruction, falsifying, or concealing of evidence.
7 * * *
8 §2537. Whistleblower protection and cause of action
9 A. No police employee shall be discharged, demoted, suspended, threatened,
10 harassed, or discriminated against in any manner in the terms and conditions of his
11 employment because of any lawful act engaged in by the employee or on behalf of
12 the employee in furtherance of any action taken to report malfeasance in office by
13 police employees to law enforcement, whether such fellow employee is a co-worker,
14 supervisor or subordinate.
15 B.(1) A police employee may bring an action for relief against his employer,
16 in a court of competent jurisdiction, for damages associated with any action taken
17 by the employee which is in furtherance of reporting malfeasance in office.
18 (2) A person aggrieved of a violation of Subsection A of this Section shall
19 be entitled to treble damages plus court costs and reasonable attorney fees.
20 C. A plaintiff shall not be entitled to recovery pursuant to this Section if the
21 court finds that the plaintiff instituted or proceeded with an action that was frivolous,
22 vexatious, or harassing.
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 Engrossed 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.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-452 ENGROSSED
HB NO. 745
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 all of the following sustained complaints shall remain in the
officer's personnel file permanently and shall be subject to a public records requests after the
officer has exhausted all administrative appeals to which he is entitled:
(1)Unauthorized use of force or unauthorized use of a service weapon by the officer.
(2)Sexual assault or harassment.
(3)Dishonesty relative to the reporting, investigation, or prosecution of a crime or direct
relation to the reporting or investigation of misconduct by another peace officer or
custodial officer, including, but not limited to, findings of perjury, false statements,
filing false reports, destruction, falsifying, or concealing of evidence.
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 an 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.
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.
(Amends R.S. 40:2533(D); Adds R.S. 40:2537)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original
bill:
1. Make technical changes.
2. Add a requirement that all sustained complaints regarding unauthorized use of
force or unauthorized use of a service weapon by the officer, sexual assault or
harassment, and dishonesty relative to the reporting, investigation, or prosecution
of a crime or misconduct by another peace officer shall remain in the officer's
personnel file permanently.
3. Remove the repeal of present law (R.S. 40:2531(C)).
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.