Committee adopts amendment and refers use-of-force reporting bill to criminal justice for further work

Senate Bill 128, sponsored by Senator Gary Carter, drew extended debate in the House Judiciary Committee over what kinds of officer actions should trigger mandatory written reports, how those records interact with public-records law and criminal investigations, and whether the policy-writing role should rest with POST (the Council on Peace Officer Standards and Training).

The bill directs POST to adopt a policy requiring written reports when a peace officer uses physical force, including use of a weapon, on a member of the public, or when the force is sufficient to cause or is reasonably known to cause serious bodily injury. Committee amendments narrowed the bill’s language; the adopted amendment explicitly tied the reporting standard to serious bodily injury or force reasonably known to cause it and removed a statutory title provision.

Committee members including Representative Galloway and Representative Mack raised procedural concerns: whether the policy would create criminal liability, how public-records exemptions would operate during criminal investigations, and who would enforce agency compliance if reports were omitted. Senator Carter and witnesses said the bill does not create new criminal offenses; it directs POST, the policy-making body, to write a reporting and training standard and to consider penalties for failure to report. The bill’s text includes a clause stating the reports are public records “subject to the public records law,” and supporters said that language was intended to preserve existing public-records exemptions for ongoing criminal probes.

Law enforcement witnesses testified both in favor and with caution. Shannon Durman, attorney for the Louisiana Sheriffs Association, described initial association concerns about the bill’s original breadth and said the sheriff’s group worked with the sponsor on narrowing language; she reiterated that use-of-force doctrine and reporting is grounded in criminal case law and POST training. Kevin Cobb of the Sheriffs Association said the association sought last-minute changes adopted in committee and planned to continue reviewing implementation details. Representative Jordan said the bill is “benign” because it asks POST—experts in training and standards—to set a uniform reporting policy for serious-force incidents.

Committee action: members adopted the committee-originated amendment that narrowed the reporting threshold to force that causes or is reasonably known to cause serious bodily injury, and deleted a named-title clause. After debate and additional questions about records, evidence and policy enforcement, Representative Galloway moved to report the bill with amendments and recommit it to the House Criminal Justice Committee; the motion carried without objection.

Ending: The bill remains under consideration; POST will be the body tasked with drafting reporting standards if the bill advances. Committee members asked the sponsor to continue working with law enforcement to avoid unintended consequences and to address public-records and evidentiary concerns before floor action.