§ 40:2405 — Peace officer training requirements; reimbursement by peace officer

Louisiana § 40:2405

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§2405. Peace officer training requirements; reimbursement by peace officer
A.(1) Except as otherwise provided in Paragraph (2) of this Subsection, any person
who begins employment as a full-time peace officer in Louisiana subsequent to January 1,
1986, must successfully complete a certified training program approved by the council and
successfully pass a council-approved comprehensive examination within one calendar year
from the date of initial employment. The one-year period in which a full-time peace officer
is required to complete a certified training program approved by the council and successfully
pass a council-approved comprehensive examination is not interrupted if the peace officer
leaves the employing agency to be employed as a full-time peace officer in another agency
in Louisiana. Any person who fails to comply with this requirement shall be prohibited from
exercising the authority of a peace officer; however, such persons shall not be prohibited
from performing administrative duties.
(2) Any person who begins employment as a part-time or reserve peace officer in
Louisiana on or after January 1, 2022, shall successfully complete a certified training
program approved by the council and successfully pass a council-approved comprehensive
examination within three calendar years from the date of initial employment. The three-year
period in which a part-time or reserve peace officer is required to complete a certified
training program approved by the council and successfully pass a council-approved
comprehensive examination is not interrupted if the peace officer leaves the employing
agency to be employed as a part-time or reserve peace officer at another agency in Louisiana.
Any person who fails to comply with this requirement shall be prohibited from exercising
the authority of a peace officer; however, the person shall not be prohibited from performing
administrative duties. In no case shall a part-time or reserve peace officer be prevented from
continuing his duties if the employing agency is unable to provide the requisite training
because of a shortage of funds.
(3) No later than January 1, 2026, the council shall develop an updated training
program for auxiliary peace officers that complies with the provisions of R.S. 40:2404.3.
(4) Notwithstanding any provision of law to the contrary and subject to the policy and
procedures of the law enforcement agency with which he is employed, a part-time, reserve,
or auxiliary peace officer may be permitted to carry a concealed weapon if he has completed
the Council on Peace Officer Standards and Training basic firearms course.
B.(1) Additionally, the receipt of supplemental pay from the municipal police
officers fund, the deputy sheriffs' fund, the state police fund, or out of the funds appropriated
for military police by the Military Department, state of Louisiana, shall be contingent upon
the recipient's beginning employment as a peace officer after January 1, 1986, successfully
completing a council-approved training program, and passing the council-approved
examination within one calendar year from date of initial employment.
(2) Certified security personnel of the Supreme Court of Louisiana or of any court
of appeal of the state shall not be eligible to receive supplemental pay benefits even though
the peace officer has successfully completed a council-approved training program. The
commission issued to court security personnel shall remain in force and in effect at the
pleasure of the employing court.
C.(1) Peace officers employed as such prior to January 1, 1986, may continue their
employment and their receipt of supplemental pay without compliance with the provisions
of this Section.
(2) Reserve or part-time peace officers continuously serving as such prior to January
1, 1986, may continue their service without compliance with the provisions of this Section.
D. In no case shall the failure of a peace officer to obtain the required training within
the timeline required by this Section be grounds to suppress any evidence, testimony, or law
enforcement action whatsoever in a court of law.
E. Full-time peace officers employed after January 1, 1986, in villages of one
thousand or less, according to the last decennial census, shall have a period of two calendar
years to comply with the provisions of this Section. In addition, full-time peace officers
employed in such a village which adopts a home rule charter after July 1, 1998, and who
were employed as such at the time of adoption of the charter shall have a period of two
calendar years from the date of adoption of the charter to comply with the provisions of this
Section. In no case shall a peace officer of such a village be prevented from continuing his
duties or receiving regular or supplemental pay if the village is unable to provide the
requisite training because of a shortage of funds.
F.(1) After July 1, 2003, every governmental entity of this state intending to employ
on a permanent basis a peace officer who has satisfactorily completed a certified law
enforcement training course and basic firearms training program as required under this
Section may, as a condition of employment, require a newly appointed peace officer to enter
into a written employment contract executed prior to employment for a period of not longer
than two years from the date of satisfactory completion of the certified training course and
basic firearms training program.
(2) If a peace officer who has entered into a contract authorized under this
Subsection accepts employment as a peace officer with another governmental entity, the
peace officer shall reimburse the governmental entity that initially hired the peace officer for
the total costs incurred and expended during his or her training program, including the
officer's salary paid during the training period.
(3) The amount of reimbursement authorized by this Subsection shall be prorated
based upon the percentage of time that the peace officer completed his or her employment
contract. The amount of reimbursement authorized by this Subsection after the pro rata
amount is calculated shall be reduced by the cost of the training provided by the Louisiana
Commission on Law Enforcement and Administration of Criminal Justice.
(4) The governmental entity which initially paid for the peace officer's law
enforcement training course and basic firearms training program shall submit an itemized
sworn statement to the peace officer, shall demand payment thereof, and may enforce
collection of the obligation through civil remedies and procedures.
G. The council may suspend the provisions of this Section as they apply to
designated Louisiana National Guard military police officers during a time of war,
heightened national security alert, or as specified by the United States Department of
Homeland Security.
H.(1) Notwithstanding any law to the contrary, the qualification to serve as a peace
officer pursuant to the requirements of this Chapter of a person who is not serving as a peace
officer in any capacity shall be retained without further training being required for a period
of five years from the date on which such person ceased to serve as a peace officer, provided
the person meets all of the following requirements:
(a) Served as a full-time, part-time, reserve, or auxiliary peace officer who met all
requirements of this Chapter for a continuous period of not less than two years immediately
preceding the date on which he ceased to serve as a peace officer.
(b) Satisfactorily completed a basic or advanced law enforcement training course as
provided for in this Chapter, including any required examination.
(c) Satisfactorily fulfilled all requirements for basic firearms training during active
service as a peace officer.
(2)(a) A person who is not serving as a peace officer, but who retains the
qualifications to do so, as provided in Paragraph (1) of this Subsection, may resume service
as a qualified peace officer during the five-year period provided the officer successfully
requalifies with his or her firearm in accordance with the provisions of this Section and
completes additional annual training for the year in which the peace officer resumes
employment as required and prescribed by the council.
(b) The council shall establish the training requirements required for a person who
seeks to resume service as a qualified peace officer after the five years of continued
qualification provided for in Paragraph (1) of this Subsection has expired.
(c) The additional annual training required of officers pursuant to Subparagraph (a)
of this Paragraph and Paragraph (I)(2) of this Section may be available online and at no cost
to the peace officer.
I. Any person who is enrolled in a law enforcement curriculum and who successfully
completes a certified Police Officer Standards and Training course or academy subsequent
to July 1, 2005, and does not begin employment as a peace officer upon completion of the
course or academy shall maintain their P.O.S.T. qualification status for a period of two years
provided they meet the following requirements:
(1) Satisfactorily complete a basic or advanced law enforcement training course as
provided for in this Chapter, including any required examination.
(2) Satisfactorily fulfill all requirements for annual basic firearms training and any
additional training for the year in which the peace officer resumes employment as required
and prescribed by the council.
J.(1) Notwithstanding any provision of law to the contrary, the P.O.S.T. certification
of any qualified peace officer, whether employed full-time, part-time, reserve, or auxiliary
shall be revoked upon the occurrence of any of the following conditions:
(a) A conviction of malfeasance in office.
(b) A conviction of an offense which results in the individual peace officer's
restriction of his constitutional right to bear arms.
(2) The Council on Peace Officer Standards and Training may conduct a revocation
hearing to determine whether the P.O.S.T. certification of any qualified peace officer,
whether employed full-time, part-time, reserve, or auxiliary shall be revoked if any of the
following conditions occur:
(a) The officer has been terminated by his employing law enforcement agency and
has exhausted all administrative remedies, or allowed to retire or resign, as a result of
disciplinary action taken against the officer for any conduct during the course and scope of
employment that would constitute an unreasonable use of force.
(b) The officer has been convicted of a misdemeanor involving the crime of domestic
abuse battery as provided in R.S. 14:35.3 or a felony in any court of the United States.
(c) The officer has failed to complete additional training as required and prescribed
by the council.
(d) The officer voluntarily surrenders certification.
(e) A judicial disposition in a criminal case results in revocation of certification.
(3)(a) Any hearing conducted by the council or appeal by an officer whose
certification has been revoked shall be conducted according to rules promulgated by the
council.
(b) Notice of a revocation hearing shall be provided to all officers involved at least
thirty days prior to the hearing date.
(4) The council shall promulgate rules in accordance with the Administrative
Procedure Act no later than January 1, 2018, subject to the oversight of the House Committee
on Judiciary and the Senate Committee on Judiciary B, to provide procedures governing
revocation hearings.
(5) Any peace officer whose certification has been denied or revoked by the council
may file an appeal under the provisions of the Administrative Procedure Act provided in R.S.
49:978.1.

Legislative History

Added by Acts 1976, No. 397, §1. Amended by Acts 1981, No. 777, §2; Acts 1982, No. 766, §1; Acts 1985, No. 767, §1; Acts 1998, 1st Ex. Sess., No. 108, §1, eff. July 1, 1998; Acts 1999, No. 529, §1; Acts 2001, 2nd Ex. Sess., No. 8, §2, eff. Oct. 16, 2001; Acts 2003, No. 817, §1, eff. July 1, 2003; Acts 2003, No. 1063, §1; Acts 2005, No. 279, §1, eff. June 29, 2005; Acts 2007, No. 221, §1, eff. July 1, 2007; Acts 2008, No. 116, §1; Acts 2009, No. 97, §1; Acts 2016, No. 273, §2; Acts 2017, No. 177, §1; Acts 2017, No. 271, §1, eff. June 16, 2017; Acts 2017, No. 272, §§2, 4, eff. June 16, 2017; Acts 2018, No. 201, §1; Acts 2019, No. 294, §1; Acts 2022, No. 668, §2, eff. June 18, 2022; Acts 2024, No. 322, §1, May 28, 2024; Acts 2025, No. 336, §1.