Bill
HB 341
The bill strengthens police officers’ rights during investigations by requiring notice, recorded interrogations, counsel/representation, and clear timelines with safeguards.
Title: LAW ENFORCEMENT: Provides for rights of law enforcement officers while under investigation
Jurisdiction: Louisiana
Sponsor: Representative Freiberg (Co-sponsor: Barbara Freiberg)
Purpose
- Establish and clarify rights and procedural standards for police employees and other law enforcement officers who are under investigation for possible disciplinary action, demotion, or dismissal.
- Specifically define “interrogation” and require notice and transparency from the appointing authority during investigations.
Key Provisions
1) Applicability
- Applies to police employees as defined by law, Louisiana P.O.S.T. certified probation and parole officers, and law enforcement officers employed by municipalities and campus police at state-supported colleges/universities who are under investigation with potential disciplinary action.
2) Definition of Interrogation
- Defines “interrogation” to include formal interviews or questioning by the appointing authority or designee regarding misconduct, allegations of misconduct, or policy violations.
- Clarifies that initial inquiries by an officer’s immediate supervisor are not considered an interrogation.
3) Notice and Information to the Officer
- Before a formal investigation begins, the appointing authority must notify the officer in writing of:
- The nature of the investigation
- The identity and authority of the investigator
- The specific charges or violations being investigated
4) Interrogation Procedures During Investigation
- At the start of interrogation:
- The officer must be informed of the nature of the investigation and the identity/authority of the investigator
- The officer must be informed of every person present during the interrogation
- The officer may take notes
5) Reasonable Time and Breaks
- Interrogations must be conducted for a reasonable period with reasonable opportunities for rest and personal necessities.
6) Recording of Interrogations
- All interrogations must be recorded in full.
- Officers may obtain a copy of the recording or transcript upon written request.
7) Right to Counsel and Representation
- Officers have the right to be represented by counsel, another representative, or both, of their choosing.
- The officer’s representative can offer advice and make statements on the record during interrogation.
8) Representation Time to Secure Counsel
- General rule: up to 14 days to secure representation, during which questioning is suspended.
- If involved in an officer-involved incident, up to 14 days to secure representation (suspension of questioning), with extensions:
- If the officer is in a medical facility or incapacitated due to injury/illness related to the incident: up to 30 days to secure representation.
- Definitions:
- “Officer-involved incident” involves serious bodily injury or death caused by use of a weapon in the line of duty.
- “Serious bodily injury” includes unconsciousness, extreme pain, disfigurement, loss of bodily function, or substantial risk of death.
9) Admissibility of Statements
- Statements made during an administrative investigation are not admissible in a criminal proceeding.
10) Timeframes for Investigation
- Formal written complaints trigger an investigation within 14 days by the superintendent or chief of police.
- Generally, investigations must be completed within 75 days (including weekends and holidays).
- Extensions:
- Municipal police may seek an extension from the Municipal Fire and Police Civil Service Board (up to 60 days, with a hearing and notice to the officer; extension possible if good cause shown).
- Written agreement may extend for up to an additional 60 days.
- The investigation concludes upon notice of a pre-disciplinary hearing or a determination of unfounded/unsustained complaint.
- Notice may be delivered in writing or electronically and is considered received on the sending date if sent to the department email; otherwise upon receipt at the officer’s home address in their personnel file.
- The process and timing for additional extensions may also apply to State Police Service personnel, with the State Police Commission or its executive director handling extensions (up to 60 days, or more if agreed).
Note: This bill does not limit criminal investigations.
Practical Impact
Effective date
- The bill’s text does not specify an immediate effective date within the provided excerpt; typically, such bills specify a date in the final enacted version. (As written, provisions amend R.S. 40:2531(A) and (B).)
For readers seeking deeper understanding
- The bill narrows or clarifies the procedural rights during investigations, emphasizing notice, recording, counsel access, and defined timeframes, while maintaining separation between administrative actions and criminal proceedings.
Compiled from official sources — confirm details with the bill’s official record.
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