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Terms Used In Louisiana Revised Statutes 38:326.2

  • Arrest: Taking physical custody of a person by lawful authority.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Levee district: means a political subdivision of this state organized for the purpose and charged with the duty of constructing and maintaining levees, and all other things incidental thereto within its territorial limits. See Louisiana Revised Statutes 38:281
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10

A.  Those persons who are designated Lake Borgne Basin Levee District police officers in accordance with this Section are responsible for maintaining order and exercising general police power on and off the levees within the area of the Lake Borgne Basin Levee District and upon its surrounding waters.  Each such person named as a police officer by the president of the Lake Borgne Basin Levee District shall be commissioned as a peace officer by the Department of Public Safety and Corrections.  Such commission shall remain in force and effect at the pleasure of the president of the Lake Borgne Basin Levee District and the Department of Public Safety and Corrections.  These police officers shall have the right to exercise the power of arrest as peace officers, according to law, within the area of their jurisdiction as provided herein.  Each such police officer shall execute a bond in the amount of three hundred thousand dollars in the favor of the state of Louisiana for the faithful performance of his duties.  The premium on the bond shall be paid by the levee district.  Additionally, the board shall obtain police liability insurance in an amount appropriate to the district.  Any other provisions of this Section to the contrary notwithstanding, this classification shall not entitle such persons to state supplemental pay.  

B.  Any person arrested by a Lake Borgne Basin Levee District police officer, in the exercise of the power hereinabove granted, shall be immediately transferred by such officer to the custody of the sheriff or city police within whose jurisdiction the arrest occurs.  

C.  No person except a commissioner shall be commissioned as a Lake Borgne Basin Levee District police officer, unless prior to such commissioning the person has, as a minimum requirement, completed and graduated from the six-week program of basic law enforcement training at Louisiana State University and Agricultural and Mechanical College or possesses equivalent training and experience.  

D.  Any Lake Borgne Basin Levee District police officer shall have authority to act in an undercover capacity if engaging in intelligence gathering activity or investigating a crime committed upon or within sight of the levees within the Lake Borgne Basin Levee District.  

Acts 1985, No. 1000, §1.  

{{NOTE:  SEE ALSO La. Rev. Stat. 38:1076 AS PER ACTS 1985, NO. 1000, §1.}}