Louisiana 2023 Regular Session

Louisiana House Bill HB362 Latest Draft

Bill / Chaptered Version

                            ENROLLED
ACT No. 348
2023 Regular Session
HOUSE BILL NO. 362
BY REPRESENTATIVE FONTENOT
1	AN ACT
2 To amend and reenact R.S. 33:2345(C) and to enact R.S. 33:381(E) and 385.1(C), relative
3 to municipal police chiefs; to provide relative to the qualifications of elected and
4 appointed chiefs; to provide for certain training requirements prior to reelection or
5 reappointment; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1.  R.S. 33:2345(C) is hereby amended and reenacted and R.S. 33:381(E) and
8 385.1(C) are hereby enacted to read as follows:
9 §381.  Municipal officers
10	*          *          *
11	E.(1)  Notwithstanding any other provision of law to the contrary, no person
12 who is serving as an appointed chief of police shall be eligible to be reappointed to
13 such position if he has served as an appointed chief of police for at least the one year
14 immediately preceding the effective date of his reappointment and he has not met the
15 requirements of R.S. 33:2345(A) and (B).
16	(2)(a)  A person who was appointed to the position of chief of police prior to
17 January 1, 2004, and has been in continuous service since that date is not required
18 to meet the requirements of R.S. 33:2345(A) to be eligible for reappointment to such
19 position.
20	(b)  The provisions of Paragraph (1) of this Subsection shall not apply to any
21 person who has served as an appointed chief of police continuously since January 1,
22 1983.
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are additions. HB NO. 362	ENROLLED
1	(c)  The provisions of Paragraph (1) of this Subsection shall not apply to
2 police chiefs if the training required by R.S. 33:2345 is not funded in accordance
3 with R.S. 33:2345(D).
4	(3) The Law Enforcement Executive Management Institute shall establish a
5 procedure by which any person who is serving as an appointed chief of police and
6 who has failed to meet the requirements of R.S. 33:2345(A) due to emergency
7 circumstances may apply for an exemption from such requirements for the purpose
8 of being eligible for reappointment to such position.  If the Law Enforcement
9 Executive Management Institute approves the exemption, the appointed chief of
10 police shall not be ineligible for reappointment for failure to meet the requirements.
11	*          *          *
12 §385.1.  Qualifications of elected chief of police
13	*          *          *
14	C.(1)  Notwithstanding any other provision of law to the contrary, no person
15 who is serving as an elected chief of police shall be eligible to qualify as a candidate
16 for reelection to such office if he has served as an elected chief of police for at least
17 the one year immediately preceding the latest date to qualify for the office and he has
18 not met the requirements of R.S. 33:2345(A) and (B).
19	(2)(a)  A person who was elected to the office of chief of police prior to
20 January 1, 2004, and has been in continuous service since that date is not required
21 to meet the requirements of R.S. 33:2345(A) to be eligible to qualify as a candidate
22 for reelection to such office.
23	(b)  The provisions of Paragraph (1) of this Subsection shall not apply to any
24 person who has served as an elected chief of police continuously since January 1,
25 1983.
26	(c)  The provisions of Paragraph (1) of this Subsection shall not apply to
27 police chiefs if the training required by R.S. 33:2345 is not funded in accordance
28 with R.S. 33:2345(D).
29	(3)  The Law Enforcement Executive Management Institute shall establish
30 a procedure by which any person who is serving as an elected chief of police and
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 362	ENROLLED
1 who has failed to meet the requirements of R.S. 33:2345(A) due to emergency
2 circumstances may apply for an exemption from such requirements for the purpose
3 of being eligible to qualify as a candidate for reelection to such position.  If the Law
4 Enforcement Executive Management Institute approves the exemption, the elected
5 chief of police shall not be ineligible to qualify as a candidate for reelection for
6 failure to meet the requirements.
7	*          *          *
8 §2345.  Training
9	*          *          *
10	C.  Failure to comply with this Section shall subject the municipal chief of
11 police to forfeit any benefits provided for in R.S. 40:1667.1 and to the provisions of
12 R.S. 33:381(E) or 385.1(C).
13	*          *          *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:  
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.