New Louisiana Law Give Police New Authority

Beginning Thursday, August 1st Louisiana has a swath of new laws going into effect and one of them creates what some people believe to be a reason for concern. House Bill 173 from Louisiana's 2024 Regular Session of the legislature makes it illegal to approach an on-duty officer.

Specifically, HB 173 will allow officers to charge a misdemeanor to anyone who knowingly approaches a peace officer who's given an order to stand back, specified as a 25-foot distance before the officer has the right to charge. Under Louisiana law(1)(2), a peace officer is defined as a police officer, constable, deputy sheriff, marshal, deputy marshal, correctional officer, sheriff, wildlife enforcement agent, park warden, livestock brand inspector, forestry officer, attorney general investigator, district attorney investigators, probation/parole officers, inspector general investigators, or anyone with the authority to make an arrest, perform search and seizures, or the execution of criminal warrants. Anyone who fits the prior descriptions will have the authority to execute HB 173 beginning this Thursday.

The penalty for being charged with the misdemeanor will result in a fine of up to $500, prison time of up to 60 days, or both. The 25-foot radius will be determined by the peace officer's discretion, which raises concern from groups like the American Civil Liberties Union who claim that "...the measuring of the twenty-five foot distance... [opens] the door for additional misconduct and abuse of power."

It is fully within the right of Louisianians to stay outside of that 25-foot barrier as long as they comply with the peace officer's directions. HB 173 outlines that this charge can be defended and dismissed if the defendant can prove that the order to stay back was not heard or understood, or if the defendant can prove that outside conditions made it impossible for them to understand the order.