Louisiana 2024 Regular Session

Louisiana House Bill HB173

Introduced
2/26/24  
Introduced
2/26/24  
Refer
2/26/24  
Refer
2/26/24  
Refer
3/11/24  
Report Pass
3/26/24  
Report Pass
3/26/24  
Engrossed
4/3/24  
Engrossed
4/3/24  
Refer
4/8/24  
Refer
4/8/24  
Report Pass
5/7/24  
Enrolled
5/20/24  
Chaptered
5/24/24  
Chaptered
5/24/24  
Passed
5/24/24  

Caption

Creates the crime of approaching a peace officer lawfully engaged in law enforcement duties (EN SEE FISC NOTE LF EX)

Impact

If enacted, HB 173 will amend existing state laws to encompass this new offense within the broader framework of laws governing interactions with law enforcement. The creation of this crime is expected to clarify the boundaries of acceptable public behavior regarding proximity to police officers, thereby potentially reducing interruptions to law enforcement activities and enhancing officer safety. However, it also raises questions regarding the balance between public interaction and law enforcement authority, leading to potential challenges in enforcement and interpretation.

Summary

House Bill 173 introduces a new offense pertaining to law enforcement interactions by criminalizing the act of approaching a peace officer who is in the execution of their official duties. Specifically, the bill prohibits individuals from knowingly or intentionally coming within twenty-five feet of a peace officer after being ordered to stop or retreat. This law aims to enhance safety for law enforcement personnel while they engage in their duties. The legislation is characterized by its concern for the potentially hazardous situations faced by peace officers during public interactions.

Sentiment

The sentiment surrounding HB 173 is mixed, with supporters arguing that it is a necessary protective measure for officers performing their duties. Advocates highlight the increasing scrutiny and hostility faced by law enforcement and view this bill as a step towards safeguarding officers in potentially dangerous situations. Conversely, some critics express concern that this legislation may overly restrict civil liberties and lead to misinterpretations that could unjustly penalize individuals who are merely attempting to communicate with officers.

Contention

Notable points of contention regarding HB 173 center on the definitions and implications of approaching peace officers, particularly the subjective nature of what constitutes 'knowing' or 'intentional' behavior in this context. Critics fear the potential for arbitrary enforcement, where individuals could be penalized merely for exercising their right to be present in public spaces near law enforcement. Additionally, the implications of an affirmative defense—where a defendant can argue they did not hear or understand an officer's command—may lead to legal complications and challenges in evidence presentation during trials.

Companion Bills

No companion bills found.

Previously Filed As

LA H0627

Pub. Rec./Law Enforcement Officers Actively Engaged in Official Duty

LA HB354

Traffic accidents; require law enforcement officers to provide notification of to approaching motorists at least a certain distance from.

LA SB35

Creates the crime of disturbing the peace at a place of religious worship. (8/1/26) (EG SEE FISC NOTE LF EX)

LA SB443

Granting municipal fire marshals authority to assist in lawful execution of law-enforcement officer's official duties

LA HB47

Victims Of Immigration Crime Engagement Restoration Act or the VOICE Restoration Act This bill establishes the Victims of Immigration Crime Engagement Office within U.S. Immigration and Customs Enforcement. The office shall provide assistance to victims of crimes committed by non-U.S. nationals (aliens under federal law) who are present in the United States without lawful immigration status.

LA SB122

Criminal Law - Hate Crimes - Law Enforcement Officers

LA SB452

Including federal law enforcement officers in the definition of law enforcement officer that is used in certain crimes and traffic provisions and clarifying that enforcement of a federal law is covered under the tort claims act.

LA SB192

Provides relative to law enforcement. (8/1/25) (EN SEE FISC NOTE LF EX)

LA HF4245

Federal law enforcement officers performing duties in Minnesota required to meet minimum qualifications of a Peace Officer Standards and Training Board licensed peace officer.

LA SF4475

Federal law enforcement officers performing duties in Minnesota meeting the minimum qualifications of a Peace Officer Standards and Training Board licensed peace officer requirement provision

Similar Bills

No similar bills found.