Louisiana Revised Statutes 40:2405.8 – Additional peace officer training requirements
Terms Used In Louisiana Revised Statutes 40:2405.8
- Arrest: Taking physical custody of a person by lawful authority.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oversight: Committee review of the activities of a Federal agency or program.
- Peace officer: means any employee of the state, a municipality, a sheriff, or other public agency, whose permanent duties actually include the making of arrests, the performing of searches and seizures, or the execution of criminal warrants, and is responsible for the prevention or detection of crime or for the enforcement of the penal, traffic, or highway laws of this state, but not including any elected or appointed head of a law enforcement department. See Louisiana Revised Statutes 40:2402
A. The council shall develop and continuously update a Peace Officer Standards and Training (P.O.S.T.) recognized homicide investigator training program and a sexual assault awareness training program for peace officers that shall consist of classroom or Internet instruction, or both. The training programs may include field officer training as prescribed by the council.
B. The council shall create and maintain a current list of those peace officers who have successfully completed the homicide investigator training program for purposes of coordinating homicide investigations occurring in the state. Except for peace officers investigating cases of vehicular homicide as defined in La. Rev. Stat. 14:32.1, on and after January 1, 2017, only peace officers who successfully complete the homicide investigator training program or receive a waiver of compliance based on prior training or experience as a homicide investigator shall be assigned to lead investigations in homicide cases.
C.(1) The council shall develop the sexual assault awareness training program in a series of modules to include all of the following:
(a) The neurobiology of sexual assault and trauma, including victim impact.
(b) Response to sexual assault, including but not limited to investigative methods, collecting and securing evidence, and interviewing victims.
(c) Applicable federal and state victims’ rights laws.
(2) The council shall solicit free or no-cost training and technical assistance and may accept gifts, grants, and donations from whatever sources are available for purposes of this Subsection. The council shall consult with appropriate governmental agencies and nongovernmental statewide agencies in the development and presentation of the training required by this Subsection. Regarding nongovernmental agencies, only agencies whose primary purpose is the delivery of sexual assault services to victims are required to be consulted.
(3) On and after July 1, 2016, each peace officer, as defined in La. Rev. Stat. 40:2402(3)(a), shall complete a sexual assault awareness training program as provided by the council.
D. The council shall create and maintain a current list of those peace officers who have successfully completed the sexual assault awareness training program for purposes of coordinating sexual assault investigations.
E.(1) The council shall develop a domestic violence awareness training program in a series of modules to include all of the following:
(a) Dynamics of domestic violence.
(b) Predominant aggressor determination.
(c) Neurobiology of trauma and its implications for victim communication.
(d) Strangulation response and investigation methods.
(e) Evidence-based investigation methods.
(f) Protection order enforcement and the Louisiana Protective Order Registry.
(g) Applicable state and federal domestic violence laws.
(2) On and after July 1, 2018, each peace officer, as defined in La. Rev. Stat. 40:2402(3)(a), shall complete a domestic violence awareness training program as provided by the council.
F.(1) The council, in collaboration with the community, shall develop a communication training plan. The plan shall incorporate officer techniques for face-to-face communications with hard of hearing or deaf persons. The training shall cover the following topics:
(a) Recognition of deaf or hard of hearing individuals.
(b) Communication tips including but not limited to the following:
(i) Review of the ADA publication, “Communicating with People Who Are Deaf or Hard of Hearing: ADA Guide for Law Enforcement Officer”.
(ii) Training with communication cards or other forms of assistance technology for law enforcement officers interacting with deaf or hard of hearing individuals.
(c) Information regarding how to access interpreters, TTY, and relay services.
(d) Rights of deaf and hard of hearing individuals, including interrogations.
(e) Applicable state and federal laws.
(2) On and after January 1, 2019, each peace officer, as defined in La. Rev. Stat. 40:2402(3)(a), shall complete an interactive training module as provided by the council on communicating with deaf and hard of hearing individuals.
(3) The council shall approve communication cards developed by any public or private entity, including nongovernmental advocacy groups, that specializes in working with deaf and hard of hearing individuals for the use by law enforcement officers. The communication cards should be made available in all law enforcement agency headquarters and substations. Additionally, all officers shall have communication cards available in patrol vehicles.
G.(1) The council shall include motorcyclist profiling awareness training in the current bias-recognition policing curriculum. The training shall consist of at least one-half hour of classroom or internet instruction, or a combination of classroom and internet instruction. This training shall address issues related to motorcyclist profiling and shall be provided to peace officers as defined in La. Rev. Stat. 40:2402(3)(a).
(2) For purposes of this Subsection, “motorcyclist profiling” shall mean the arbitrary use of the fact that an individual rides a motorcycle or wears motorcycle-related clothing or paraphernalia as a factor in deciding to stop, question, take enforcement action, arrest, or search the individual or his motorcycle or motor vehicle.
H. The council shall ensure that Alzheimer’s and dementia training are incorporated within their education programs.
I.(1) The council shall promulgate rules and regulations in accordance with the Administrative Procedure Act, subject to the oversight of the House Committee on the Administration of Criminal Justice and the Senate Committee on Judiciary B, for the implementation of a homicide investigator training program.
(2)(a) The council shall promulgate rules and regulations in accordance with the Administrative Procedure Act, subject to the oversight of the House Committee on the Administration of Criminal Justice and the Senate Committee on Judiciary B, for the implementation of a sexual assault awareness training program as provided in La. Rev. Stat. 17:1805(H).
(b) The council shall promulgate rules and regulations in accordance with the Administrative Procedure Act, subject to the oversight of the House Committee on the Administration of Criminal Justice and the Senate Committee on Judiciary B, for the implementation of a sexual assault awareness training program for peace officers as defined in La. Rev. Stat. 40:2402(3)(a) as provided in Paragraph (C)(3) of this Section.
(3)(a) The council shall promulgate rules in accordance with the Administrative Procedure Act for implementation of the following training programs for peace officers as provided in Subsections E and F of this Section:
(i) Domestic violence awareness training.
(ii) Communication with deaf or hard of hearing individuals.
(b) The council shall create and maintain a list of peace officers who have successfully completed the domestic violence awareness training and the training on communication with deaf or hard of hearing individuals.
Acts 2003, No. 894, §1; Acts 2015, No. 152, §2, eff. June 23, 2015; Acts 2017, No. 94, §1; Acts 2018, No. 495, §1; Acts 2019, No. 294, §1; Acts 2019, No. 308, §1.