La. Public Health and Safety § 40:1563.1

Current with changes from the 2024 Legislative Session

Section 40:1563.1 - Authority to make arrests and carry firearms; arson task force

A. The fire marshal, the first assistant fire marshal, each deputy fire marshal, certified local authorities, and state or municipal arson investigators, while engaged in the performance of their duties as such, shall have the authority to investigate and cause the arrest of individuals suspected of having violated the following criminal laws:

(1)R.S. 14:51, aggravated arson.

(2)R.S. 14:52, simple arson.

(3)R.S. 14:52.1, simple arson of a religious building.

(4)R.S. 14:53, arson with intent to defraud.

(5)R.S. 14:54, placing combustible material.

(6)R.S. 14:54.1, communicating false information of planned arson.

(7)R.S. 14:54.2, manufacture and possession of delayed action incendiary devices.

(8)R.S. 14:54.3, manufacture and possession of a bomb.

(9)R.S. 14:54.5, fake explosive devices.

(10)R.S. 14:59(A)(2), criminal mischief relating to the giving of any false alarm of fire.

(11)R.S. 14:204, fire-raising on lands of another by criminal negligence.

(12)R.S. 14:205, fire-raising on lands of another with malice.

(13)R.S. 14:206, fire prevention interference.

(14)R.S. 14:327, obstructing a fireman.

(15)R.S. 22:1924, insurance fraud.

(16)R.S. 22:1925, insurance fraud.

(17)R.S. 14.51.1, injury by arson.

(18)R.S. 15:562.5, failure to register.

(19)R.S. 40:1621, violation of fire marshal's orders. This Paragraph shall be limited to fire marshal orders related to activities or instances determined by the fire marshal to pose an immediate danger to life.

(20)R.S. 14:206.1, engaging in life safety and property protection contracting without authority.

(21) Any other criminal laws making unlawful an attempt or conspiracy to commit the foregoing offenses.

B. The officials enumerated in this Section shall also have the power to seize contraband subject to forfeiture as described in R.S. 14:54.4, in accordance with the procedure established in that provision.

C. The fire marshal, the first assistant fire marshal, and each deputy fire marshal shall have the authority to investigate and cause the arrest of any person suspected of having committed any offense connected to the investigation of any of the offenses enumerated in Subsection A of this Section, or connected to the investigation of a burn injury report submitted to the office of state fire marshal in accordance with R.S. 14:403.4.

D. The fire marshal shall issue a commission to any state arson investigator who qualifies as P.O.S.T. certified to carry firearms allowing him to carry and use firearms and to arrest individuals suspected of violating the crimes enumerated in this Section.

E. The governing authority of a political subdivision may authorize the chief of each fire protection district, each fire department, and each volunteer fire department which is within that political subdivision to issue a commission to any local arson investigator allowing him to carry and use firearms and to arrest individuals suspected of violating crimes enumerated in this Section. The issuance of a commission pursuant to this Subsection, the powers granted by those commissions, and the use of firearms by the persons to whom those commissions are issued shall be subject to all of the following provisions:

(1) The chief of each fire protection district, each fire department, and each volunteer fire department who issues a commission to a local arson investigator may require that the local arson investigator be certified by the Council on Peace Officer Standards and Training or be qualified by the Council on Peace Officer Standards and Training, or both.

(2) The chief of each fire protection district, each fire department, and each volunteer fire department who requires that local arson investigators to whom that chief issues commissions be P.O.S.T. certified or P.O.S.T. qualified, or both, shall pay the cost of providing to those local arson investigators the training necessary to obtain the P.O.S.T. certification or the P.O.S.T. qualification, or both.

(3) Local arson investigators who are required by their chief to be P.O.S.T. certified or P.O.S.T. qualified, or both, are specifically authorized to attend any school or training course which is operated by a commercial entity or which is operated by a public agency and which is open to peace officers from more than one law enforcement agency. Each person or agency operating a school or a training course which is attended by local arson investigators shall award the appropriate document or documents to each local arson investigator who successfully completes the requirements for P.O.S.T. certification or for P.O.S.T. qualification, or both. The Louisiana Commission on Law Enforcement and Administration of Criminal Justice and the Council on Peace Officer Standards and Training shall make the provisions which are necessary to enable local arson investigators to attend the required schools and training courses and for those local arson investigators who successfully complete the requirements for P.O.S.T. certification or P.O.S.T. qualification, or for both, to receive the appropriate documents to demonstrate the P.O.S.T. certification or P.O.S.T. qualification, or both.

(4) Possession of a P.O.S.T. certification or P.O.S.T. qualification, or both, by a local arson investigator shall not grant to that local arson investigator any authority other than the authority granted by a commission issued pursuant to this Subsection.

(5) The authority granted by a commission which is issued under the provisions of this Subsection shall be limited to the powers, functions, duties, and responsibilities which are set forth for local arson investigators in this Section. A commission which is issued under the provisions of this Subsection shall not grant any authority other than the powers, functions, duties, and responsibilities which are set forth for local arson investigators in this Section.

(6) The authority to carry and use firearms which is granted to local arson investigators by a commission which is issued under the provisions of this Subsection is limited to the power to carry weapons while acting in the course and scope of their duties as local arson investigators. Local arson investigators may carry concealed weapons while acting in the course and scope of their duties, and the provisions of R.S. 14:95 shall not apply to local arson investigators who carry concealed weapons while acting in the course and scope of their duties.

F. The fire marshal shall have the authority to commission local certified arson investigators to serve on a multi-jurisdictional arson task force operated by the fire marshal. The fire marshal shall have the power to promulgate rules and regulations to accomplish the operations and functions of the task force and to issue orders for the enforcement of such rules and regulations.

La. Public Health and Safety § 40:1563.1

Added by Acts 1970, No. 539, §1. Amended by Acts 1974, No. 233, §1; Acts 1981, No. 841, §1; Acts 1997, No. 973, §1; Acts 1997, No. 973, §1; Acts 1999, No. 173, §1, eff. June 9, 1999; Acts 2003, No. 737, §1; Acts 2008, No. 415, §2, eff. Jan. 1, 2009; Acts 2009, No. 391, §1; Acts 2010, No. 972, §2; Acts 2013, No. 190, §1; Acts 2014, No. 791, §14; Acts 2014, No. 820, §1; Acts 2017, No. 170, §2.

Amended by Acts 2017, No. 170,s. 2, eff. 8/1/2017.

Amended by Acts 2014, No. 820,s. 1, eff. 8/1/2014.

Amended by Acts 2014, No. 791,s. 14, eff. 8/1/2014.

Amended by Acts 2013, No. 190,s. 1, eff. 8/1/2013.

Added by Acts 1970, No. 539, §1. Amended by Acts 1974, No. 233, §1; Acts 1981, No. 841, §1; Acts 1997, No. 973, §1; Acts 1997, No. 973, §1; Acts 1999, No. 173, §1, eff. 6/9/1999; Acts 2003, No. 737, §1; Acts 2008, No. 415, §2, eff. 1/1/2009; Acts 2009, No. 391, §1; Acts 2010, No. 972, §2.