Louisiana 2021 Regular Session

Louisiana House Bill HB430

Introduced
4/1/21  
Introduced
4/1/21  
Refer
4/1/21  
Refer
4/12/21  
Refer
4/12/21  
Report Pass
4/29/21  
Engrossed
5/10/21  
Refer
5/11/21  
Refer
5/11/21  
Report Pass
5/18/21  
Enrolled
6/7/21  
Chaptered
6/23/21  
Chaptered
6/23/21  
Passed
6/23/21  

Caption

Provides relative to the officer's bill of rights

Impact

The passage of HB 430 is poised to have significant implications for state laws regarding the rights of law enforcement officers during disciplinary investigations. By specifying timelines for investigations and the representation process, the bill not only aims to protect officers' rights but also seeks to expedite the process of accountability in law enforcement. The emphasis on timely investigations could lead to quicker resolutions of complaints, potentially fostering greater public trust in law enforcement agencies. Furthermore, the long retention period for sustained complaints within personnel files may enhance transparency and accountability, ensuring that officers with proven misconduct are held accountable over time.

Summary

House Bill 430 introduces amendments to existing laws governing law enforcement officers' disciplinary processes in Louisiana. The bill seeks to establish more defined time frames for disciplinary investigations, ensuring that officers are provided with adequate time to secure representation during investigations. It mandates that an investigation must commence within 14 days of a written complaint and aims to complete these investigations within a maximum of 75 days, with provisions for extensions under certain circumstances. Additionally, the bill addresses how complaints against officers are recorded in their personnel files, maintaining records of sustained complaints for at least ten years after all administrative appeals have been exhausted.

Sentiment

The sentiment surrounding HB 430 appears to be relatively neutral to positive among its supporters, primarily from law enforcement associations and some legislators who view the bill as a necessary update to ensure fairness for officers. Proponents argue that it provides essential protections without compromising the integrity of investigations. However, there are concerns raised by civil rights advocates and some community members who feel that while the bill protects officers, it may also serve to shield misconduct from public scrutiny by allowing extended timelines for investigations and potentially limiting the immediate consequences of serious allegations.

Contention

Notable points of contention include the potential conflict between the rights of law enforcement officers and the need for swift accountability in the wake of complaints. Critics argue that by allowing officers extended time to obtain representation and requesting extensions for investigations, the bill may inadvertently delay justice for complainants. There is also concern regarding the balance of power in officer-involved incidents; some stakeholders believe that the bill could create barriers for victims seeking timely justice. The deliberations highlighted the ongoing tension between supporting law enforcement personnel and ensuring accountability to the communities they serve.

Companion Bills

No companion bills found.

Previously Filed As

LA HB745

Provides relative to the officer bill of rights

LA SB294

Provides relative to rights of law enforcement officers while under investigation. (7/1/14) (EN +$300,000 APV)

LA SB74

Provides and clarifies the rights of law enforcement officers while under investigation. (gov sig) (OR SEE FISC NOTE GF EX)

LA SB57

Provides and clarifies the right of law enforcement officers while under investigation. (gov sig)

LA HB329

Provides procedures for the investigation of officers and employees by the NOPD

LA HB685

Provides procedures for the investigation of officers and employees by the NOPD (EG NO IMPACT LF EX See Note)

LA HB129

Provides relative to peace officers

LA HB276

Provides relative to law enforcement officers while under officer-involved incident investigations (EN SEE FISC NOTE LF EX)

LA S1060

Law Enforcement Officers' Bill Of Rights

LA S1059

Law Enforcement Officers' Bill Of Rights

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