2018 Louisiana Laws
Revised Statutes
TITLE 40 - Public Health and Safety
RS 40:2405.1 - Special equipment provided by Department of Public Safety and Corrections
§2405.1. Special equipment provided by Department of Public Safety and Corrections
A. The Department of Public Safety and Corrections, from funds appropriated for this purpose, shall provide upon request special protective equipment, commonly known as a bulletproof vest, for every "peace officer" in the state of Louisiana. As used in this Section, "peace officer" means any full-time employee of the state, a municipality, a sheriff, or other public agency, whose principal permanent duties primarily involve the prevention or detection of crime or the enforcement of penal and traffic laws and actually include the making of arrests and the performing of searches and seizures.
B.(1) To the extent that funds are not appropriated to the Department of Public Safety and Corrections for the purposes provided in Subsection A of this Section, the department may make available for purchase to law enforcement agencies for use by their peace officers bulletproof vests no longer utilized by the department for which the manufacturer warranty has expired.
(2) Any purchase pursuant to this Section shall be conducted pursuant to rules or regulations adopted by the Louisiana Property Assistance Agency.
(3)The state of Louisiana, its agencies and assigns, including but not limited to the Department of Public Safety and Corrections shall be immune from any liability relating to or resulting from the purchase, issuance, or failure of bulletproof vests transferred pursuant to the provisions of this Section.
(4)(a) Not later than ninety days prior to the destruction of any bulletproof vest, the department shall give notice to law enforcement agencies and constables that bulletproof vests no longer utilized by the department for which the manufacturer warranty has expired are available for purchase for use by part-time and reserve peace officers, constables, and deputy constables.
(b) As used in this Paragraph, "part-time and reserve peace officer" means any part-time peace officer and any reserve peace officer employed by the state, a municipality, a sheriff, or other public agency whose principal duties primarily involve the prevention or detection of crime or the enforcement of penal and traffic laws and actually include the making of arrests and the performing of searches and seizures.
(c) As used in this Paragraph, "constables and deputy constables" means any elected constable as provided in R.S. 13:2583 and any deputy constable appointed by a constable.
C. Prior to the purchase and distribution of the bulletproof vests, the director of each law enforcement agency shall supply a sworn affidavit stating the number of vests on hand, the number of vests requested, and that it shall be the policy of the agency that all officers receiving vests shall be expected to wear them.
D. The provisions of this Section shall not be construed to require that a peace officer wear a bulletproof vest.
Acts 1990, No. 1060, §1; Acts 2013, No. 301, §1; Acts 2018, No. 388, §1.
