§ 40:2531 — Applicability; minimum standards during investigation; penalties for failure to

Louisiana § 40:2531

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

Text

§2531. Applicability; minimum standards during investigation; penalties for failure to
comply
A. The provisions of this Chapter shall apply only to police employees as defined by
R.S. 40:1372(5), Louisiana P.O.S.T. certified probation and parole officers employed by the
Louisiana Department of Public Safety and Corrections, division of probation and parole, and
to those law enforcement officers employed by any municipality and campus police
employed at any state-supported college or university who are under investigation with a
view to possible disciplinary action, demotion, or dismissal.
B. Whenever a police employee or law enforcement officer is under investigation,
the following minimum standards shall apply:
(1) The police employee or law enforcement officer being investigated shall be
informed, at the commencement of interrogation, of the nature of the investigation and the
identity and authority of the person conducting such investigation, and at the commencement
of any interrogation, such officer shall be informed as to the identity of all persons present
during such interrogation. The police employee or law enforcement officer shall be allowed
to make notes.
(2) Any interrogation of a police employee or law enforcement officer in connection
with an investigation shall be for a reasonable period of time and shall allow for reasonable
periods for the rest and personal necessities of such police employee or law enforcement
officer.
(3) All interrogations of any police employee or law enforcement officer in
connection with the investigation shall be recorded in full. The police employee or law
enforcement officer shall not be prohibited from obtaining a copy of the recording or
transcript of the recording of his statements upon his written request.
(4)(a) The police employee or law enforcement officer being questioned, whether as
a target or as a witness in an administrative investigation, shall have the right to be
represented by counsel, other representative, or both, of the police employee or law
enforcement officer's choice.
(b)(i) Except as otherwise provided in this Subparagraph, the police employee or law
enforcement officer shall be granted up to fourteen days to secure such representation, during
which time all questioning shall be suspended.
(ii) If a police employee or law enforcement officer is involved in an officer-involved
incident, the police employee or law enforcement officer shall be granted up to fourteen days
to secure representation, during which time all questioning shall be suspended. However, if
the police employee or law enforcement officer is confined to a medical facility due to injury
or illness related to the officer-involved incident, or otherwise incapacitated, the police
employee or law enforcement officer shall be granted up to thirty days to secure
representation.
(iii) For purposes of this Subparagraph, "officer-involved incident" means any
incident in which serious bodily injury or death of another individual is caused by any
intentional or accidental use of a dangerous or deadly weapon by a police employee or law
enforcement officer which results from the efforts of a police employee or law enforcement
officer attempting to effectively arrest or otherwise gain control of another or while in police
custody.
(iv) For purposes of this Subparagraph, "serious bodily injury" means bodily injury
which involves unconsciousness, extreme physical pain, protracted or obvious disfigurement,
protracted loss or impairment of a bodily member, organ, or mental faculty, or a substantial
risk of death.
(c) The police employee or law enforcement officer's representative or counsel shall
be allowed to offer advice to the employee or officer and make statements on the record
regarding any question asked of the employee or officer at any interrogation, interview, or
hearing in the course of the investigation.
(5) No statement made by the police employee or law enforcement officer during the
course of an administrative investigation shall be admissible in a criminal proceeding.
(6) Repealed by Acts 2008, No. 654, §2.
(7) When a formal, written complaint is made against any police employee or law
enforcement officer, the superintendent of state police or the chief of police or his authorized
representative shall initiate an investigation within fourteen days of the date the complaint
is made. Except as otherwise provided in this Paragraph, each investigation of a police
employee or law enforcement officer which is conducted under the provisions of this Chapter
shall be completed within seventy-five days, inclusive of Saturdays, Sundays, and legal
holidays. However, in each municipality which is subject to a Municipal Fire and Police
Civil Service law, the municipal police department may petition the Municipal Fire and
Police Civil Service Board for an extension of the time within which to complete the
investigation. The board shall set the matter for hearing and shall provide notice of the
hearing to the police employee or law enforcement officer who is under investigation. The
police employee or law enforcement officer who is under investigation shall have the right
to attend the hearing and to present evidence and arguments against the extension. If the
board finds that the municipal police department has shown good cause for the granting of
an extension of time within which to complete the investigation, the board shall grant an
extension of up to sixty days. Nothing contained in this Paragraph shall be construed to
prohibit the police employee or law enforcement officer under investigation and the
appointing authority from entering into a written agreement extending the investigation for
up to an additional sixty days. The investigation shall be considered complete upon notice
to the police employee or law enforcement officer under investigation of a pre-disciplinary
hearing or a determination of an unfounded or unsustained complaint. The notice may be
given in writing or electronically. The notice is considered received by the police employee
or law enforcement officer under investigation on the date sent, provided it is sent to the
department email address in the personnel file of the police employee or law enforcement
officer. The notice shall be considered received by the police employee or law enforcement
officer under investigation on the date received, provided it is sent to the home address in the
personnel file of the police employee or the law enforcement officer. Nothing in this
Paragraph shall limit any investigation of alleged criminal activity.
(8) In the case of a police employee who is a member of the State Police Service as
set forth in Article X, Section 41 of the Louisiana Constitution of 1974, the appointing
authority may petition the State Police Commission, or its executive director, for an
extension of the time within which to complete the investigation. The State Police
Commission, or its executive director, shall set the matter for hearing and shall provide
notice of the hearing to the police employee who is under investigation. The police
employee who is under investigation shall have the right to attend the hearing and to present
evidence and arguments against the extension. If the State Police Commission, or its
executive director, finds that the appointing authority has shown good cause for the granting
of an extension of time within which to complete the investigation, the State Police
Commission, or its executive director, shall grant an extension of up to sixty days. Nothing
contained in this Paragraph shall be construed to prohibit the police employee under
investigation and the appointing authority from entering into a written agreement extending
the investigation for up to an additional sixty days. The investigation shall be considered
complete upon determination of the appointing authority to institute disciplinary action
against the police employee or a determination of an unfounded or unsustained complaint.
Nothing in this Paragraph shall limit any investigation of alleged criminal activity.
C. There shall be no discipline, demotion, dismissal, or adverse action of any sort
taken against a police employee or law enforcement officer unless the investigation is
conducted in accordance with the minimum standards provided for in this Section. Any
discipline, demotion, dismissal, or adverse action of any sort whatsoever taken against a
police employee or law enforcement officer without complete compliance with the foregoing
minimum standards is an absolute nullity.

Legislative History

Acts 1985, No. 425, §1; Acts 1991, No. 450, §1, eff. July 15, 1991; Acts 2001, No. 933, §1; Acts 2007, No. 91, §1; Acts 2007, No. 258, §2; Acts 2008, No. 249, §1; Acts 2008, No. 654, §§1, 2; Acts 2010, No. 924, §3, eff. July 2, 2010; Acts 2014, No. 859, §1, eff. July 1, 2014; Acts 2017, No. 101, §1; Acts 2021, No. 451, §1.