Louisiana 2022 2022 Regular Session

Louisiana House Bill HB922 Comm Sub / Analysis

                    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 922 Original	2022 Regular Session	Marcelle
Abstract:  Creates a uniform data collection requirement for law enforcement agencies and makes
such data public.
Proposed law requires the collection of information from peace officers by certain law enforcement
agencies involved in the following incidents:
(1)Use of force by a peace officer.
(2)Use of a no-knock search warrant.
(3)Deployment of special weapons and tactics (S.W.A.T.) teams.
(4)Traffic stops.
(5)Pedestrian and bicycle stops.
(6)Complaints against peace officers.
(7)911 emergency calls.
Proposed law requires peace officers to report identifying information regarding individuals involved
in these proposed law incidents including but not limited to sex, age, race, state of residence, English
proficiency, and presence of disabilities.
Proposed law requires peace officers to report information regarding their interactions with
individuals including specific information about whether they were on duty, used force, discharged
a weapon, or gave any commands.
Proposed law also requires the collection of information specific to peace officers of each law
enforcement agency.
Proposed law allows for the collection of data to be phased in to law enforcement agencies across
the state.  Larger agencies are required to make their first submission of collected information no
later than April 1, 2023.  Smaller agencies are required to make their submission by April 1, 2025. 
Provides for an alternative method of compliance with proposed law in certain cases where a law
enforcement agency is already collecting this information for accreditation purposes. Proposed law requires data collected pursuant to proposed law to be public record. 
Proposed law provides that if law enforcement agencies fail to comply, the La. Commission on Law
Enforcement and the Administration of Criminal Justice has the ability to withhold all federal or
state funds that would otherwise be disbursed to them, including funds from the Edward Byne
Memorial Justice Assistant Grant Program.   Law enforcement agencies may be forced to pay civil
penalties for intentionally being non-compliant.  Additionally, organizations with tax-exempt status
can seek injunctive relief in a civil action if the law enforcement agencies fail to comply with the
submission of data or publishing of annual reports.
Proposed law  requires all law enforcement agencies to report all data requested by the FBI to the
La. Uniform Crime Reporting System.  Additionally, it requires the commission to create standards
and technical specifications to ensure that all data submissions are uniform.
Proposed law requires the commission to report on clearance rates that include statistics on all crimes
reported to the system.
Present law (R.S. 22:398.10) requires peace officers to collect information on the number of persons
stopped for traffic violations made and the demographics of those persons, the nature of the stop, and
whether a citation or warrant was issued, an arrest made, or a search conducted.  Present law
provides that present law is inapplicable if the department adopts a written policy against racial
profiling.  Proposed law repeals present law.
(Amends R.S. 15:1204.2(A) and (B)(1) and (8)(c), 1204.5, 1212(B)(4) and 1212.1(F); Adds R.S.
15:1204.2(B)(8)(d) and R.S. 40:2903-2912; Repeals R.S. 32:398.10)