HLS 24RS-561 ENGROSSED
2024 Regular Session
HOUSE BILL NO. 173
BY REPRESENTATIVES FONTENOT AND MIKE JOHNSON
CRIME/MISDEMEANOR: Creates the crime of approaching a peace officer lawfully
engaged in law enforcement duties
1 AN ACT
2To enact R.S. 14:109, relative to offenses affecting law enforcement; to create the crime of
3 approaching a peace officer lawfully engaged in law enforcement duties; to provide
4 for a definition; to provide for an affirmative defense; to provide for penalties; and
5 to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:109 is hereby enacted to read as follows:
8 ยง109. Approaching a peace officer lawfully engaged in law enforcement duties
9 A. No person shall knowingly or intentionally approach within twenty-five
10 feet of a peace officer who is lawfully engaged in the execution of his official duties
11 after the peace officer has ordered the person to stop approaching or to retreat.
12 B. For the purposes of this Section, "peace officer" shall include all
13 individuals as defined in R.S. 14:112.4(B)(2) and R.S. 40:2402(3).
14 C. It shall be an affirmative defense to this crime if the defendant can
15 establish that the lawful order or command was neither received nor understood by
16 the defendant nor capable of being received or understood under the conditions and
17 circumstances that existed at the time of the issuance of the order.
18 D. Whoever violates the provisions of this Section shall be fined not more
19 than five hundred dollars, imprisoned for not more than sixty days, or both.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 24RS-561 ENGROSSED
HB NO. 173
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 173 Engrossed 2024 Regular Session Fontenot
Abstract: Creates the crime of approaching a peace officer who is lawfully engaged in his
law enforcement duties and provides for penalties.
Proposed law provides that no person shall knowingly or intentionally approach within 25
feet of a peace officer who is lawfully engaged in the execution of his official duties after
the peace officer has ordered a person to stop approaching or to retreat.
Proposed law defines the term "peace officer".
Proposed law provides that it shall be an affirmative defense to this crime if the defendant
can establish that the lawful order or command was neither received nor understood by the
defendant nor capable of being received or understood under the conditions and
circumstances that existed at the time of the issuance of the order.
Proposed law provides for a fine of not more than $500, imprisonment for not more than 60
days, or both.
(Adds R.S. 14:109)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Make technical changes.
2. Change references from "law enforcement officer" to "peace officer".
3. Replace definition of "law enforcement officer" with cross-reference to
definition of "peace officer".
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.