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0 chapters · 2,393 sections in this title.
La. Rev. Stat. § 40:2536 Officer-involved shooting
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§2536. Officer-involved shooting A. In the event of an officer-involved shooting which results in death or great bodily harm, the investigators of these incidents shall be accountable only to those agencies which have been certified by the council following the effective date of …
La. Rev. Stat. § 40:2537 Whistleblower protection and cause of action
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§2537. Whistleblower protection and cause of action A. No police employee shall be discharged, demoted, suspended, threatened, harassed, or discriminated against in any manner in the terms and conditions of his employment because of any lawful act engaged in by the employee or on…
La. Rev. Stat. § 40:2551 Use of body-worn cameras
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§2551. Use of body-worn cameras No later than January 1, 2022, any law enforcement agency that utilizes body-worn cameras shall adopt a policy regarding the activation and deactivation of such cameras by the officer. Acts 2021, No. 430, §1.
La. Rev. Stat. § 40:2552 Use of motor vehicle dash cameras
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§2552. Use of motor vehicle dash cameras No later than January 1, 2022, any law enforcement motor vehicle that is equipped with a dash camera that has the technology to automatically record upon the activation of the motor vehicle's police emergency lights shall utilize that tech…
La. Rev. Stat. § 40:2553 Neck restraint prohibition
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§2553. Neck restraint prohibition The use of choke holds and carotid holds are prohibited, except when the officer reasonably believes he or another person is at risk of great bodily harm or when deadly force is authorized. Acts 2021, No. 430, §1.
La. Rev. Stat. § 40:2554 Mandatory reporting when force is used
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§2554. Mandatory reporting when force is used No later than January 1, 2026, the Council on Peace Officer Standards and Training shall adopt a policy regarding mandatory reporting when a peace officer uses physical force that results in serious bodily injury as defined in R.S. 14…
La. Rev. Stat. § 40:26 Contractual agreement on establishment and maintenance of parish
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§26. Contractual agreement on establishment and maintenance of parish health unit A. The governing body of a parish may contract, or mutually agree on an annual basis, with the Louisiana Department of Health on or before November 1 of any calendar year, for the establishment and/…
La. Rev. Stat. § 40:2601 Definitions
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§2601. Definitions As used in this Chapter, the following words and phrases shall have the following meanings: (1) "Interest holder" means a secured party within the meaning of R.S. 10:9-102(a)(72) or the beneficiary of a perfected encumbrance pertaining to an interest in propert…
La. Rev. Stat. § 40:2602 Jurisdiction and venue
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§2602. Jurisdiction and venue A. Except as provided in Subsection C, the appropriate district court has jurisdiction under the provisions of this Chapter if the property for which forfeiture is sought is within this state at the time the action is filed or the courts of this stat…
La. Rev. Stat. § 40:2603 Conduct giving rise to forfeiture
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§2603. Conduct giving rise to forfeiture Any of the following conduct gives rise to forfeiture: (1) An act or omission punishable by confinement for more than one year under R.S. 40:961 et seq. whether or not there is a prosecution or conviction related to the act or omission. (2…
La. Rev. Stat. § 40:2604 Property subject to forfeiture
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§2604. Property subject to forfeiture The following property is subject to seizure and forfeiture as contraband, derivative contraband, or property related to contraband under the provision of Section 4 of Article I of the Constitution of Louisiana: (1) All controlled substances,…
La. Rev. Stat. § 40:2605 Exemptions
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§2605. Exemptions A property interest is exempt from forfeiture under this Chapter if its owner or holder establishes all of the following: (1) That he is not legally accountable for the conduct giving rise to its forfeiture, did not consent to it, and did not know and could not …
La. Rev. Stat. § 40:2606 Seizure of property
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§2606. Seizure of property A. Property that is not evidence of a criminal violation may be seized for forfeiture by any law enforcement agency designated by the district attorney, with or without process issued by any district court, on probable cause to believe that the property…
La. Rev. Stat. § 40:2607 Property management and preservation
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§2607. Property management and preservation A. Property taken or detained under this Chapter is not subject to alienation, sequestration, or attachment. The seizing agency or the district attorney may authorize the release of the seizure for forfeiture on the property if forfeitu…
La. Rev. Stat. § 40:2608 Commencement of forfeiture proceedings; notice of pending forfeiture; property
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§2608. Commencement of forfeiture proceedings; notice of pending forfeiture; property release requirements Forfeiture proceedings shall be commenced as follows: (1)(a) When the district attorney intends to forfeit property, pursuant to the provisions of this Chapter, he shall pro…
La. Rev. Stat. § 40:2608.1 Sale of property pending forfeiture; circumstances; procedure
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§2608.1. Sale of property pending forfeiture; circumstances; procedure A. The district attorney may petition the court for a sale pending forfeiture of any vessel, vehicle, aircraft, merchandise, or other property which is subject to forfeiture under the provisions of R.S. 40:260…
La. Rev. Stat. § 40:2609 Stipulation of exemptions
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§2609. Stipulation of exemptions A. The district attorney may make a stipulation of exemption available in the following manner: (1) If the district attorney makes a stipulation of exemption available, the district attorney shall so indicate in the Notice of Pending Forfeiture as…
La. Rev. Stat. § 40:2610 Claims
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§2610. Claims A. Only an owner of or interest holder in property seized for forfeiture may file a claim and shall do so in the manner provided in this Section. The claim shall be mailed to the seizing agency and to the district attorney by certified mail, return receipt requested…
La. Rev. Stat. § 40:2611 Judicial proceedings generally
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§2611. Judicial proceedings generally A. A judicial forfeiture proceeding under this Chapter is subject to the provisions of this Section. B. The court, on application of the district attorney, may enter any restraining order or injunction, require the execution of satisfactory p…
La. Rev. Stat. § 40:2612 In rem proceedings
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§2612. In rem proceedings A. A judicial in rem forfeiture proceeding brought by the district attorney pursuant to a Notice of Pending Forfeiture or verified petition for forfeiture is subject to the provisions of this Chapter. If authorized by law, a forfeiture shall be ordered b…
La. Rev. Stat. § 40:2613 In personam proceedings
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§2613. In personam proceedings A.(1) A forfeiture may be ordered by a court on proceedings brought by the district attorney on behalf of the state in an in personam civil action alleging conduct giving rise to forfeiture if it is authorized by law. This action shall be in additio…
La. Rev. Stat. § 40:2614 Substituted assets
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§2614. Substituted assets A. The court shall order the forfeiture of any other property of a claimant or owner up to the value of property found by the court to be subject to forfeiture under the provisions of Section 2604 of this Chapter if any of the property: (1) Cannot be loc…
La. Rev. Stat. § 40:2615 Judicial disposition of property
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§2615. Judicial disposition of property A. If no claims are timely filed in an action in rem, the district attorney may apply for an order of forfeiture and allocation of forfeited property pursuant to Section 2616 of this Chapter. Upon a determination by the court that the distr…
La. Rev. Stat. § 40:2616 Allocation of forfeited property; creation of special funds; reporting
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§2616. Allocation of forfeited property; creation of special funds; reporting A.(1) Except as provided in Paragraph (2) of this Subsection, when property is forfeited under the provisions of this Chapter, the district attorney shall authorize a public sale or a public auction sal…
La. Rev. Stat. § 40:2617 Powers of enforcement personnel
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§2617. Powers of enforcement personnel A. In investigating conduct in violation of any of the provisions of this Chapter or R.S. 40:961 through 1034, a district attorney or his designee may conduct an investigation of the conduct. The district attorney or his designee is authoriz…
La. Rev. Stat. § 40:2618 Prescription
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§2618. Prescription A civil action under this Chapter shall be commenced within seven years after the last conduct giving rise to forfeiture or to the cause of action became known or should have become known, excluding any time during which either the property or defendant is out…
La. Rev. Stat. § 40:2619 Summary forfeiture of controlled substances
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§2619. Summary forfeiture of controlled substances Controlled substances included in Schedule I which are contraband and any controlled substance whose owners are unknown are summarily forfeited to the state. The court may include in any judgment under this Chapter an order forfe…
La. Rev. Stat. § 40:2620 Bar to collateral action
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§2620. Bar to collateral action No person claiming an interest in property subject to forfeiture may commence or maintain any action against the state concerning the validity of the alleged interest other than as provided in this Chapter. Acts 1989, No. 375, §1, eff. Jan. 1, 1990…
La. Rev. Stat. § 40:2621 Statutory construction
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§2621. Statutory construction The provisions of this Chapter shall be liberally construed to effectuate its remedial purposes. Civil remedies under this Chapter shall be supplemental and not mutually exclusive. They do not preclude and are not precluded by any other provision of …
La. Rev. Stat. § 40:2622 Short title
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§2622. Short title The provisions of this Chapter shall be known and may be referred to as the "Seizure and Controlled Dangerous Substances Property Forfeiture Act of 1989". Acts 1989, No. 375, §1, eff. Jan. 1, 1990.
La. Rev. Stat. § 40:27 Salaries and personnel benefits of health unit
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§27. Salaries and personnel benefits of health unit Where a health unit is established or partially maintained as provided in the preceding Section, the salaries and personnel benefits may be paid in part by funds from the state and parish, except, that if said employees are pari…
La. Rev. Stat. § 40:2701 Short title
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§2701. Short title This Chapter may be cited as the "Tanning Facility Regulation Act". Acts 1990, No. 587, §1, eff. July 19, 1990.
La. Rev. Stat. § 40:2702 Legislative findings
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§2702. Legislative findings The legislature finds and declares: (1) Many physicians and scientists warn that the risks associated with suntanning are greater when tanning with artificial ultraviolet light. (2) These risks include but are not limited to sunburn, premature aging, s…
La. Rev. Stat. § 40:2703 Definitions
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§2703. Definitions As used in this Chapter, these terms shall have the following meanings: (1) "Authorized agent" means an employee of the department designated by the state health officer to enforce the provisions of this Chapter. (2) "Consumer" means any individual who is provi…
La. Rev. Stat. § 40:2704 Exemptions
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§2704. Exemptions A. Any person is exempt from the provisions of this Chapter to the extent that such person: (1) Uses equipment which emits ultraviolet radiation incidental to its normal operation. (2) Does not use the equipment described in Paragraph (1) of this Subsection to d…
La. Rev. Stat. § 40:2705 Registration
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§2705. Registration A. Each person operating a tanning facility on January 1, 1991, shall register the facility under this Chapter no later than March 1, 1991. B. Each person acquiring or establishing a tanning facility after January 1, 1991, shall register the facility under thi…
La. Rev. Stat. § 40:2706 Certificate of registration
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§2706. Certificate of registration A. Upon determination that an application meets the requirements of this Chapter, the department shall issue a certificate of registration. B. Each certificate of registration shall expire at midnight on the expiration date stated thereon. C. Th…
La. Rev. Stat. § 40:2707 Prohibited acts; advertisement; minors
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§2707. Prohibited acts; advertisement; minors A. A tanning facility shall not claim or distribute promotional materials that claim use of a tanning device is safe or free from risk. No person shall state or imply that any activity under such registration has been approved by the …
La. Rev. Stat. § 40:2708 Denial, suspension, or revocation of a certificate
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§2708. Denial, suspension, or revocation of a certificate A. The department may deny, suspend, or revoke a certificate of registration applied for or issued pursuant to this Chapter: (1) For any material false statement in the application for registration or in any statement of f…
La. Rev. Stat. § 40:2709 Compliance with federal and state law
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§2709. Compliance with federal and state law A tanning device used by a tanning facility shall comply with all applicable federal laws and regulations. Except as otherwise ordered or approved by the department, each tanning facility shall be constructed, operated, and maintained …
La. Rev. Stat. § 40:2710 Warning signs
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§2710. Warning signs A. The registrant shall post the warning sign described in Subsection B of this Section within three feet of each tanning station and in such manner that the sign is clearly visible, not obstructed by any barrier, equipment, or other object, and can be easily…
La. Rev. Stat. § 40:2711 Equipment standards
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§2711. Equipment standards A. The registrant shall use only tanning equipment manufactured in accordance with the specifications set forth in 21 CFR 1040.20. The exact nature of compliance shall be based on the standards in effect at the time of manufacture as shown on the device…
La. Rev. Stat. § 40:2712 Stand-up tanning booths Tanning booths designed for stand-up use shall also comply with the following additional requirements:
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§2712. Stand-up tanning booths Tanning booths designed for stand-up use shall also comply with the following additional requirements: (1) Booths shall have physical barriers or other means, such as handrails or floor markings, to indicate the proper exposure distance between ultr…
La. Rev. Stat. § 40:2713 Operational requirements
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§2713. Operational requirements A. A tanning facility shall have an operator present during operating hours. The operator must be sufficiently knowledgeable of the correct operation of the tanning devices used at the facility to inform and assist each customer in the proper use o…
La. Rev. Stat. § 40:2714 Information provided to consumer
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§2714. Information provided to consumer A. The tanning facility operator shall provide each consumer, receipt of which is acknowledged by the consumer, prior to initial exposure, a written statement warning that: (1) Failure to use the eye protection provided to the customer by t…
La. Rev. Stat. § 40:2715 Rules and regulations
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§2715. Rules and regulations The department may adopt rules and regulations as necessary to implement the provisions of this Chapter in accordance with the Administrative Procedure Act. Acts 1990, No. 587, §1, eff. July 19, 1990.
La. Rev. Stat. § 40:2716 Criminal penalty
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§2716. Criminal penalty Any person who has a tanning facility which is required to be registered pursuant to this Chapter and who fails to register that facility as so required or who operates that facility after such registration has expired, been suspended, or revoked shall be …
La. Rev. Stat. § 40:2717 Injunction
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§2717. Injunction A. If the department, state health officer, or an authorized agent finds that a person has violated, is violating, or threatening to violate this Chapter and that the violation or threat of violation creates an immediate threat to the health and safety of the pu…
La. Rev. Stat. § 40:2718 Permits
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§2718. Permits A. A person may not operate a tanning facility without a current and valid permit to operate the facility that is issued by the department. B. The permit shall be displayed in an open public area of the tanning facility. C. On receipt of an application or forms pro…
La. Rev. Stat. § 40:2719 Fees
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§2719. Fees The department shall establish and collect a permit fee of one hundred fifty dollars and an annual permit renewal fee of one hundred ten dollars. Acts 1990, No. 587, §1, eff. July 19, 1990; Acts 1992, No. 432, §1; Acts 2000, 1st Ex. Sess., No. 125, §1, eff. July 1, 20…
