A controversial bill is back and advancing in the legislature that would limit how close people can get to law enforcement officers doing their work.
BATON ROUGE, LA. (BRPROUD) — A controversial bill is back and advancing in the legislature that would limit how close people can get to law enforcement officers doing their work.
HB173, similar to a bill from last year, would make it so people could not approach a law enforcement officer within 25 feet if they are engaged in their duties and have told people to take a step back.
Law enforcement officers include deputy marshal, correctional officer, probation and parole officer, constable, wildlife enforcement agent, livestock brand inspector, forestry officer or a state park warden.
Supporters of the bill said they want to create a buffer zone for law enforcement officers doing their duties. State Rep. Bryan Fontenot (R-Thibodaux) believes 25 feet is far enough away for an officer to react to an on-coming attack.
“At 25 feet that person can't spit in my face when I'm making an arrest. The chances of him hitting me in the back of the head with a beer bottle at 25 feet it sure is a lot more difficult than if he's sitting right here,” Fontenot said.
Advocates against the bill believe it will hinder people’s ability to record or simply view officers at work who potentially could be engaged in inappropriate behavior.
“Candid critique of the government and its officials. They matter very greatly in a free society. But also freedom of speech is a foundational American principle,” said Stephanie Willis, Policy Strategist with ACLU Louisiana.
People testifying against the bill said there is already a law on the books that bars people from interfering with a law enforcement investigation and it has a steeper jail time penalty than the proposed law.
“People have a constitutional right to move freely and observe public officials while they're doing their jobs. The passage of this bill will likely interfere and discourage individuals from actually doing that,” Willis said.
Fontenot says 25 feet is still close enough to be able to record police encounters and he supports things like body cameras not only to protect officers, but to hold them accountable. If someone breaks the 25 feet after an officer tells them to get back, they could face a $500 fine or up to two months in prison.
There is a provision in the bill that people can defend themselves against this law if the officer was not heard giving the directive or was not able to understand the officer.
“Justice to be carried out is incumbent upon the officer to effect the arrests effected peacefully without home to himself. Without home to the individual, and without harm to the person at 25 feet,” Fontenot said.
Gov. John Bel Edwards vetoed a similar bill in his final term. Conversely, HB173 had a card from Gov. Jeff Landry’s office in support. It now heads to the full House for more debate.
