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ENROLLED
2026 Regular Session
HOUSE BILL NO. 39
BY REPRESENTATIVES FIRMENT, ADAMS, AMEDEE, BUTLER, EDMONSTON,
GALLE, HEBERT, HORTON, MIKE JOHNSON, MACK, ORGERON, OWEN,
SCHAMERHORN, VENTRELLA, WILDER, AND ZERINGUE AND SENATORS
BASS, CARTER, CLOUD, EDMONDS, FESI, HODGES, MIGUEZ, MORRIS,
PRESSLY, AND SEABAUGH
1 AN ACT
2 To amend and reenact R.S. 40:2402(3) and to enact R.S. 40:2402(5), relative to the
3 qualification of peace officers in Louisiana; to provide for definitions; to provide that
4 peace officers shall be United States citizens; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 40:2402(3) is hereby amended and reenacted and R.S. 40:2402(5)
7 is hereby enacted to read as follows:
8 §2402. Definitions
9 As used in this Chapter:
10 * * *
11 (3)(a) (i) "Peace officer" means any employee of the state, a municipality, a
12 sheriff, or other public agency, whose permanent duties actually include the making
13 of arrests, the performing of searches and seizures, or the execution of criminal
14 warrants, and is responsible for the prevention or detection of crime or for the
15 enforcement of the penal, traffic, or highway laws of this state, but not including any
16 elected or appointed head of a law enforcement department.
17 (b) (ii) "Peace officer" shall also include those sheriff's deputies whose duties
18 include the care, custody, and control of inmates.
19 (c) (iii) "Peace officer" shall also include military police officers within the
20 Military Department, state of Louisiana.
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HB NO. 39 ENROLLED
1 (d) (iv) "Peace officer" shall also include security personnel employed by the
2 Supreme Court of the state of Louisiana.
3 (e) (v) "Peace officer" shall also include security personnel employed by a
4 court of appeal of the state of Louisiana.
5 (f) (vi) "Peace officer" shall also include the director of capitol security and
6 security officers employed by the legislature upon recommendation of the director
7 as provided by R.S. 24:681 et seq.
8 (b) A peace officer as described in Items (i), (ii), (iv), (v), and (vi) of this
9 Paragraph shall be a United States citizen as defined in this Section.
10 * * *
11 (5) "United States citizen" means any individual who is a citizen of the
12 United States either by law, birth, or naturalization.
13 * * *
14 Section 2. The provisions of this Act do not apply to a peace officer who is currently
15 employed and who is lawfully admitted for permanent residence in the United States as
16 described in 8 U.S.C. 1101(a), provided that the peace officer becomes a United States
17 citizen no later than August 1, 2031.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.