New Laws - Law Enforcement & Court Systems
The Louisiana Legislature is, once again, in session, and has been busy passing new legislation that impacts all aspects of Louisianan’s lives. Of specific interest to us over the next few weeks are the changes they have made to various criminal offenses and procedures.
The Legislature enacted several new statutes relating to law enforcement and the public’s interactions with them this past legislative session:
La. R.S. 14:109 now reads:
No person shall knowingly or intentionally approach within twenty-five feet of a peace officer who is lawfully engaged in the execution of his official duties after the peace officer has ordered the person to stop approaching or retreat.
La. R.S. 14:109(A). The penalty for violating this provision is a fine of not more than $500 and/or imprisonment for not more than 60 days.
The Resisting an officer statute was also amended to add: “Failure to provide or display the person’s state issued driver’s license or identification on the officer’s request when the person is an operator of a motor vehicle, the person has been lawfully detained for an alleged violation of a law, and the officer has exhausted all resources at his disposal to verify the identity of the person” as included in the definition of “obstruction of” as prohibited conduct. La. R.S. 14:108(B)(1)(f).
The penalty for Aggravated flight from an officer has been increased from imprisonment for up to five years to up to ten years; and, under circumstance which result in serious bodily injury, increased from imprisonment for up to ten years to fifteen years. La. R.S. 14:108.1(E)(1) & (2).
Vandalizing, tampering with, or destroying a crime camera system is now prohibited by Louisiana Revised Statutes 14:57.1:
A. It shall be unlawful for any person to intentionally vandalize, tamper with, or destroy a crime camera system by any of the following:
(1) Causing functional or cosmetic damage to the system.
(2) Adjusting or modifying the location, position, aim, focus or functionality of the system.
(3) Tampering with the performance, functions, or features of the system.
(4) Rendering the system temporarily or permanently inoperable.
B. For the purposes of this Section, a “crime camera system” includes any camera or license plate reader erected or installed for the purpose of observing or deterring illegal activity as well as any lights, mounting poles or brackets, actuator motors, computer control boards, connection interfaces, signage, software, protective housing, leases, power supply systems, recording or battery backups, microphones, data connectivity hardware, or other component parts or ancillary equipment necessary for proper functionality and operation.
C. Whoever violates the provisions of Subsection A of this Section shall be imprisoned, with or without hard labor, not more than two years, or may be fined not more than two thousand dollars, or both.
La. R.S. 14:57.1.
The legislature has also added live-streaming or video recording to that conduct prohibited by the Unlawful posting of criminal activity for notoriety and publicity statute. La. R.S. 14:107.4.
If you or someone you know is facing criminal charges, give us a call at (318) 459-9111 to schedule a consult.