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.
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)).