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The National Police Association Supports Louisiana House Bill 173 to Create the Crime of Approaching a Law Enforcement Officer Lawfully Engaged in Law Enforcement Duties

Image: New London, CT PD Bodycam

Indianapolis – April 8, 2024. Louisiana House Bill 173 would make it a misdemeanor crime to be within 25 feet of a police officer who is making an arrest or performing other lawful work. It ensures that officers have an area in which to safely make arrests, restrain suspects, and perform other police duties. Altercations are unpredictable events that require an officer’s full attention. A distraction of even a few seconds is ample time for a situation to quickly escalate and result in harm to the officer, suspect, and spectators. This bill, introduced in February by Reps. Bryan Fontenot (055) and Mike Johnson (027) passed in the Louisiana House this month and has been received in the Senate. The bill’s text can be found here.

H.B. 173 would apply only in cases where the officer has clearly issued instructions for an observer to retreat. Refusing to comply with an officer’s explicit directive may result in a maximum $500 fine and a 60-day jail sentence.

A police officer who is distracted by a suspect may have more difficulty readily discerning whether the person approaching needs assistance, merely wants to record the encounter, or intends to attack. A 25-foot barrier provides officers with time to react if someone intends to cause harm.

This bill also takes the First Amendment right to record police interactions into consideration. Advancements in technology have equipped cell phones with the ability to zoom in from far distances, as much as 330 feet away. At 25 feet, an onlooker would reasonably be able to record details, including an officer’s name and badge number.

“At a time where it’s become the norm for hostile crowds to gather when an officer is lawfully trying to make an arrest or restrain a suspect, legislation like House Bill 173 is necessary,” said Paula Fitzsimmons, Legislative Director, National Police Association. “This bill gives officers ample room to safely perform their work, while also being respectful of the citizenry’s First Amendment rights,” Fitzsimmons added.

The National Police Association thanks Reps. Fontenot and Johnson for introducing this thoughtful bill, and the Louisiana legislature for considering it. We respectfully ask Governor Jeff Landry to sign H.B. 173 when it reaches his desk for consideration.

About The National Police Association: The National Police Association is a 501(c)3 non-profit Educational/Advocacy organization. For additional information visit NationalPolice.org

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