Title 40, Public Health and Safety

0 chapters · 3,334 sections in this title.

3,334 sectionsFiltered byTitle 40

La. Rev. Stat. § 40:2514 Repealed by Acts 2022, No
0.0K chars
§2514. Repealed by Acts 2022, No. 252, §3.
La. Rev. Stat. § 40:2515 Repealed by Acts 2022, No
0.0K chars
§2515. Repealed by Acts 2022, No. 252, §3.
La. Rev. Stat. § 40:2516 Repealed by Acts 2022, No
0.0K chars
§2516. Repealed by Acts 2022, No. 252, §3.
La. Rev. Stat. § 40:2517 Repealed by Acts 2022, No
0.0K chars
§2517. Repealed by Acts 2022, No. 252, §3.
La. Rev. Stat. § 40:2518 Repealed by Acts 2022, No
0.0K chars
§2518. Repealed by Acts 2022, No. 252, §3.
La. Rev. Stat. § 40:2519 Repealed by Acts 2022, No
0.0K chars
§2519. Repealed by Acts 2022, No. 252, §3.
La. Rev. Stat. § 40:2521 Law enforcement agency receiving report of missing or recovered child; duty
1.5K chars
§2521. Law enforcement agency receiving report of missing or recovered child; duty A.(1) Any law enforcement agency receiving an initial report of a missing child or the recovery of a missing child and having reasonable grounds to believe the report is accurate shall do all of th…
La. Rev. Stat. § 40:2526 Pre-Amber Alert action plan; requirements; rules and regulations
1.4K chars
§2526. Pre-Amber Alert action plan; requirements; rules and regulations A. The secretary of the Department of Public Safety and Corrections, jointly with the secretary of the Department of Children and Family Services, shall institute a pre-Amber Alert action plan. The plan shall…
La. Rev. Stat. § 40:2528 Predator Alert System; requirements; rules and regulations
0.9K chars
§2528. Predator Alert System; requirements; rules and regulations A. The secretary of the Department of Public Safety and Corrections shall institute a Predator Alert System. The system shall, at a minimum, provide the following services: (1) Send out the alert, through the state…
La. Rev. Stat. § 40:2529 Repealed by Acts 2010, No
0.1K chars
§2529. Repealed by Acts 2010, No. 743, §14, eff. July 1, 2010.
La. Rev. Stat. § 40:2530.1 Purpose
0.6K chars
§2530.1. Purpose The Louisiana Legislature finds that, in the case of a missing senior citizen or missing person with developmental disabilities, the first few hours in locating the individual are critical. To aid in the identification and location of missing senior citizens and …
La. Rev. Stat. § 40:2530.2 Short title
0.1K chars
§2530.2. Short title This Chapter shall be known or may be cited as the "Silver Alert Act". Acts 2008, No. 453, §1.
La. Rev. Stat. § 40:2530.3 Definitions
0.8K chars
§2530.3. Definitions For the purposes of this Chapter, the following words and phrases shall have the following meanings: (1) "Missing person with developmental disabilities" means a person whose whereabouts are unknown; whose domicile at the time he is reported missing is in thi…
La. Rev. Stat. § 40:2530.4 Administration
2.0K chars
§2530.4. Administration A. The secretary of the Department of Public Safety and Corrections shall develop and implement a system to notify citizens when a senior citizen or person with a developmental disability is determined to be missing and that an alert is to be issued to the…
La. Rev. Stat. § 40:2530.5 Immunity from liability
0.5K chars
§2530.5. Immunity from liability Any state police officer, members of other law enforcement entities, radio or television broadcasters, cable television operators, who transmit or display, or who fail to transmit or display such information concerning a senior citizen or person w…
La. Rev. Stat. § 40:2531 Applicability; minimum standards during investigation; penalties for failure to
8.9K chars
§2531. Applicability; minimum standards during investigation; penalties for failure to comply A. The provisions of this Chapter shall apply only to police employees as defined by R.S. 40:1372(5), Louisiana P.O.S.T. certified probation and parole officers employed by the Louisiana…
La. Rev. Stat. § 40:2532 Release of personal information
0.4K chars
§2532. Release of personal information No person, agency, or department shall release to the news media, press or any other public information agency, a law enforcement officer's home address, photograph, or any information that may be deemed otherwise confidential, without the e…
La. Rev. Stat. § 40:2533 Personnel files
2.1K chars
§2533. Personnel files A. No law enforcement officer shall have any comment adverse to his interest entered in his personnel file, or any other file used for any personnel purposes by his employer, without the law enforcement officer's having first read and signed the instrument …
La. Rev. Stat. § 40:2534 Disclosure of finances
0.3K chars
§2534. Disclosure of finances No law enforcement officer shall be required to disclose, for the purpose of promotion or assignment, any item of his property, income, assets, debts or expenditures or those of any member of such officer's household. Acts 1985, No. 425, §1.
La. Rev. Stat. § 40:2535 Retaliation for exercising rights
0.2K chars
§2535. Retaliation for exercising rights There shall be no penalty nor threat of any penalty for the exercise by a law enforcement officer of his rights under this Chapter. Acts 1985, No. 425, §1.
La. Rev. Stat. § 40:2536 Officer-involved shooting
0.8K chars
§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
1.1K chars
§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
0.2K chars
§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
0.3K chars
§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
0.2K chars
§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
0.7K chars
§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
1.7K chars
§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
1.5K chars
§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
1.3K chars
§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
0.9K chars
§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
1.4K chars
§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
2.0K chars
§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
3.0K chars
§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
2.9K chars
§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
7.7K chars
§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
3.3K chars
§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
2.8K chars
§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
1.6K chars
§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
6.6K chars
§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
3.5K chars
§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
3.9K chars
§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
2.0K chars
§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
2.5K chars
§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
4.1K chars
§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
3.0K chars
§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
0.4K chars
§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
0.4K chars
§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
0.3K chars
§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
0.3K chars
§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
0.2K chars
§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.