reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 25 - Litter Enforcement › Section I-2501 - Approved Citation for Litter Enforcement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The department hereby approves any uniform
				citation approved and adopted for use pursuant to
				R.S.
				32:398.1 for the enforcement of any litter
				violations committed in this state.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  30:2531.7.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 27 - Collection, Submission, Receipt, Identification, Storage and Disposal of DNA Samples › Subchapter A - Collection of DNA Samples › Section I-2701 - Scope, Purpose and Application

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Scope, Purpose, and Application. To provide rules and regulations governing the
				  collection, submission, receipt, identification, storage and/or disposal of DNA
				  samples for convicted offenders for a state database/CODIS pursuant to
				  R.S.
				  15:601 et seq.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:611.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 27 - Collection, Submission, Receipt, Identification, Storage and Disposal of DNA Samples › Subchapter A - Collection of DNA Samples › Section I-2702 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
AFIS
- the Automated Fingerprint
					 Identification System operated by the Department of Public Safety and
					 Corrections, Public Safety Services.
Biological Sample
- biological evidence of
					 any nature that is utilized to conduct DNA analysis.
CAJUN
- the Corrections and Justice Unified
					 Network operated by the Department of Public Safety and Corrections.
CODIS
or
Combined DNA Index
					 System
- the Federal Bureau of Investigation's national DNA
					 identification index system which facilitates the storage and exchange of DNA
					 records submitted by state and local criminal justice and law enforcement
					 agencies.
Crime Laboratory
- Louisiana State Police
					 Crime Laboratory of the Department of Public Safety and Corrections, Public
					 Safety Services.
Convicted Offender
- a person convicted of
					 a felony sex offense, other specified offense or any other offense for which a
					 DNA sample must be obtained pursuant to
					 R.S.
					 15:601 et seq.
Department
- Department of Public Safety
					 and Corrections, Public Safety Services.
Director
- the Director of the Louisiana
					 State Police Crime Laboratory.
DNA
- deoxyribonucleic acid.
DNA Analysis
- DNA typing tests that
					 generate numerical identification information and are obtained from a DNA
					 sample.
DNA Database
- the DNA identification
					 record system maintained and administered by the state CODIS
					 administrator.
DNA Database Blood Collection
					 Kit
-
the kit approved by the department for the
					 collection of DNA blood samples.
DNA Database Buccal Collection Kit
- the
					 kit approved by the department for the collection of DNA buccal samples.
DNA Database Information Card (DDIC)
- the
					 information card which provides identifying information of the offender when a
					 non-livescan collection is performed.
DNA Record
- DNA information that is
					 derived from a DNA sample and DNA analysis and is stored in the state DNA
					 database or in CODIS, including all records pertaining to DNA analysis.
DNA Sample
- biological evidence of any
					 nature that is utilized to conduct DNA analysis.
DPSC
- Department of Public Safety and
					 Corrections.
FBI
- Federal Bureau of Investigation
					 within the United States Department of Justice.
FTA
- specialized paper that binds
					 DNA.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:611.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 27 - Collection, Submission, Receipt, Identification, Storage and Disposal of DNA Samples › Subchapter A - Collection of DNA Samples › Section I-2703 - Collection, Submission, and Identification of DNA Samples for Convicted Offenders

Current through Register Vol. 50, No. 6, June 20, 2024
A. All DNA
				  samples obtained for DNA analysis from a convicted offender shall be collected
				  using an approved Louisiana State Police Crime Laboratory DNA database
				  collection kit. Procedures are specific to the type of sample being collected.
				  A different kit is used for blood collection and buccal collection.
1. Each DNA database collection kit shall
				  contain all necessary materials for collection and for proper identification of
				  the offender.
2. Each kit shall be
				  numbered sequentially from one kit to the next so that each number shall serve
				  as a unique identifier. Kit components shall have the same number.
3. All DNA samples shall be collected by
				  individuals trained and approved to serve as collectors by the Louisiana State
				  Police Crime Laboratory.
4. The
				  collector may utilize an AFIS printout (livescan generated), which contains the
				  identifying information of the convicted offender when obtaining a
				  sample.
5. In the event that a
				  manual collection is completed (non-livescan process), the collector shall
				  complete the DDIC which contains the identifying information of the collected
				  offender when obtaining a sample. All information shall be provided. Printed
				  name, date and signature of the person collecting the sample are required. A
				  fingerprint is obtained as positive identification of the offender Samples
				  submitted with incomplete information may require recollection.
6. Biological samples shall be obtained
				  according to the instructions contained in the kit.
7. The specimen envelope containing the
				  biological sample and the DDIC or AFIS printout shall be placed in the mailing
				  envelope provided. The mailing envelope flap shall be sealed.
8. If a blood collection kit is used, finger
				  stick blood samples shall be obtained using recognized and approved medical
				  procedures.
9. In the event a
				  convicted offender resists the taking of the DNA sample and the collector may
				  use reasonable force in accordance with R.S. 15:601-620, the collector may
				  collect any type of biological sample approved by the Louisiana State Police
				  crime laboratory The following types of biological sample collections are
				  hereby approved for these instances:
i. blood
				  stain from finger prick on FTA card;
ii. buccal swab;
iii. phlebotomy draw.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 27 - Collection, Submission, Receipt, Identification, Storage and Disposal of DNA Samples › Subchapter A - Collection of DNA Samples › Section I-2704 - Shipping of DNA Samples for Convicted Offenders

Current through Register Vol. 50, No. 6, June 20, 2024
A. DNA samples collected in accordance with
				  these procedures shall be submitted to the crime laboratory in person by
				  approved personnel or via delivery service, such as U.S. mail in accordance
				  with the crime laboratory's policies and procedures. The mailing envelope shall
				  be mailed or delivered to the crime laboratory after collection to the
				  following address.
Louisiana State Police Crime Laboratory
376 East Airport Drive
Baton Rouge, LA 70806
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:611.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 27 - Collection, Submission, Receipt, Identification, Storage and Disposal of DNA Samples › Subchapter A - Collection of DNA Samples › Section I-2705 - Record Keeping of DNA Samples for Convicted Offenders

Current through Register Vol. 50, No. 6, June 20, 2024
A. The individual who collects each DNA
				  sample for a submitting agency shall complete a list of every DNA sample
				  collected for each day of collection. Any failed attempts to collect blood from
				  an offender and the reason for the failure (e.g., refusal of offender to
				  submit, failure to keep scheduled appointment) shall also be indicated. The
				  list will include the following information: the kit number, the offender's
				  name, the name of the person collecting the sample and the submitting agency
				  together with any additional data which the crime laboratory deems necessary.
				  This information shall be retained for record within a designated area at the
				  submitting agency location.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:611.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 27 - Collection, Submission, Receipt, Identification, Storage and Disposal of DNA Samples › Subchapter A - Collection of DNA Samples › Section I-2706 - Storage of DNA Samples for Convicted Offenders

Current through Register Vol. 50, No. 6, June 20, 2024
A. The sealed kits containing DNA samples
				  shall be stored in a dedicated storage area within the crime laboratory. Access
				  to the sealed kits and to the storage area shall be limited to authorized
				  personnel. Any access to or removal/return of the sealed kit or specimen bags
				  shall be performed in accordance with crime lab policies and procedures. Only
				  authorized personnel shall open a sealed kit or specimen bag.
B. DNA samples on FTA blood collection paper,
				  DNA buccal samples, and DDIC cards shall be stored indefinitely in a secure
				  storage area unless otherwise required in accordance with
				  R.S.
				  15:614.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:611.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 27 - Collection, Submission, Receipt, Identification, Storage and Disposal of DNA Samples › Subchapter A - Collection of DNA Samples › Section I-2707 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any article,
				  Section, Subsection, sentence, Clause or phrase of LAC 55:I:2301 et seq., is
				  for any reason determined to be unconstitutional, contrary to statute, in
				  excess of authority, or otherwise inoperative, such determination shall not
				  affect the validity of any other article, Section, Subsection, sentence, Clause
				  or phrase of LAC 55:I:2301 et seq.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:611.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 27 - Collection, Submission, Receipt, Identification, Storage and Disposal of DNA Samples › Subchapter B - Arrestees › Section I-2720 - Scope, Purpose and Application

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Scope, Purpose, and Application. To provide rules and regulations governing the
				  collection, submission, receipt, identification, storage and/or disposal of DNA
				  samples for arrestees for a state database/CODIS pursuant to
				  R.S.
				  15:601 et seq.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:611.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 27 - Collection, Submission, Receipt, Identification, Storage and Disposal of DNA Samples › Subchapter B - Arrestees › Section I-2721 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
AFIS
- the Automated Fingerprint
					 Identification System operated by the Department of Public Safety and
					 Corrections, Public Safety Services.
Arrestee
- a person arrested for a felony
					 sex offense, other specified offense or any other offense for which a DNA
					 sample must be obtained pursuant to
					 R.S.
					 15:601 et seq.
Biological Sample
- biological evidence of
					 any nature that is utilized to conduct DNA analysis.
Crime Laboratory
- Louisiana State Police
					 Crime Laboratory of the Department of Public Safety and Corrections, Public
					 Safety Services.
Department
- Department of Public Safety
					 and Corrections, Public Safety Services.
Director
- the director of the Louisiana
					 State Police Crime Laboratory.
DNA
- deoxyribonucleic acid.
DNA Analysis
- DNA typing tests that
					 generate numerical identification information and are obtained from a DNA
					 sample.
DNA Arrestee Database Collection Kit or
					 Kit
-the kit provided by the department for the collection of DNA
					 samples.
DNA Database
- the DNA identification
					 record system maintained and administered by the state CODIS
					 administrator.
DNA Record
- DNA information that is
					 derived from a DNA sample and DNA analysis and is stored in the state DNA
					 database or in CODIS, including all records pertaining to DNA analysis.
DPSC
- Department of Public Safety and
					 Corrections.
FBI
- Federal Bureau of Investigation
					 within the United States Department of Justice.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:611.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 27 - Collection, Submission, Receipt, Identification, Storage and Disposal of DNA Samples › Subchapter B - Arrestees › Section I-2722 - Collection, Submission, and Identification of DNA Samples for Arrestees

Current through Register Vol. 50, No. 6, June 20, 2024
A. All biological
				  samples obtained for DNA analysis from an arrestee shall be collected using an
				  approved Louisiana State Police Crime Laboratory DNA arrestee collection kit.
1. An arrestee collection kit shall contain
				  materials for collection of a biological sample for use in DNA
				  analysis.
2. Each kit shall be
				  numbered sequentially from one kit to the next so that each kit number shall
				  serve as a unique identifier. Kit components shall have the same
				  number.
3. All biological samples
				  shall be collected by individuals trained and approved to serve as collectors
				  by the Louisiana State Police Crime Laboratory.
4. The collector shall utilize an AFIS
				  Printout (livescan generated), which contains the identifying information of
				  the arrestee when obtaining a sample.
a. In
				  the event that a manual collection form is used, all information shall be
				  provided. Printed name, date and signature of the person collecting the sample
				  is required. A fingerprint is obtained as positive identification of the
				  offender. Samples submitted with incomplete information may require
				  recollection.
b. Buccal biological
				  samples shall be obtained according to the instructions contained in the
				  kit.
c. The transport pouch,
				  containing the buccal collection device, and the AFIS printout shall be placed
				  in the mailing envelope provided. The mailing envelope flap shall be
				  sealed.
d. In the event an arrestee
				  resists the taking of the DNA sample, the collector may use reasonable force in
				  accordance with R.S. 15:601-620.
5. In the event that a manual collection form
				  is used, all information shall be provided. Printed name, date and signature of
				  the person collecting the sample is required. A fingerprint is obtained as
				  positive identification of the offender. Samples submitted with incomplete
				  information may require recollection.
6. Buccal biological samples shall be
				  obtained according to the instructions contained in the kit.
7. The specimen envelope containing the
				  biological sample and the AFIS printout shall be placed in the mailing envelope
				  provided. The mailing envelope flap shall be sealed.
8. In the event an arrestee resists the
				  taking of the DNA sample, the collector may use reasonable force in accordance
				  with R.S. 15:601-620.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 27 - Collection, Submission, Receipt, Identification, Storage and Disposal of DNA Samples › Subchapter B - Arrestees › Section I-2723 - Security of Biological Samples at Booking Facility

Current through Register Vol. 50, No. 6, June 20, 2024
A. All collectors and employees of the
				  booking facility shall ensure that all biological samples taken from arrestees
				  are kept in a secure place within the booking facility until the samples are
				  shipped to the crime laboratory pursuant to these regulations. All collectors
				  shall also ensure that pursuant to
				  R.S.
				  15:617 and any Biological Sample Security
				  Procedures established by the crime laboratory, that no unauthorized
				  disclosures regarding any biological sample taken from any arrestee are
				  permitted.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:611.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 27 - Collection, Submission, Receipt, Identification, Storage and Disposal of DNA Samples › Subchapter B - Arrestees › Section I-2724 - Shipping of DNA Samples for Arrestees

Current through Register Vol. 50, No. 6, June 20, 2024
A. DNA samples collected in accordance with
				  these procedures shall be submitted to the crime laboratory in person by
				  approved personnel or via delivery service, such as U.S. Mail in accordance
				  with the Crime Laboratory's policies and procedures. The mailing envelope shall
				  be mailed or delivered to the crime laboratory after collection to the
				  following address.
Louisiana State Police Crime Laboratory
376 East Airport Drive
Baton Rouge, LA 70806
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:611.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 27 - Collection, Submission, Receipt, Identification, Storage and Disposal of DNA Samples › Subchapter B - Arrestees › Section I-2725 - Record Keeping of DNA Samples for Arrestees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The individual who collects each DNA
				  sample for a submitting agency shall complete a list of every DNA sample
				  collected for each day of collection. Any failed attempts to collect a sample
				  from an arrestee and the reason for the failure (e.g., refusal of arrestee to
				  submit) shall also be indicated. The list will include the following
				  information: the kit number, the arrestee's name, the name of the person
				  collecting the sample and the submitting agency together with any additional
				  data which the crime laboratory deems necessary. This information shall be
				  retained for record within a designated area at the submitting agency
				  location.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:611.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 27 - Collection, Submission, Receipt, Identification, Storage and Disposal of DNA Samples › Subchapter B - Arrestees › Section I-2726 - Storage of DNA Samples for Arrestees

Current through Register Vol. 50, No. 6, June 20, 2024
A. The sealed kits containing DNA samples
				  shall be stored in a dedicated storage area designated by the crime laboratory.
				  Access to the sealed kits and to the storage area shall be limited to
				  authorized personnel. Any access to or removal/return of the sealed kit shall
				  be performed in accordance with crime lab policies and procedures. Only
				  authorized personnel shall open a sealed specimen envelope, and if applicable
				  shall initial and date the broken seal and shall reseal the specimen envelope
				  in accordance with standard operating procedures.
B. DNA samples from arrestees and AFIS
				  printouts shall be stored for the time period as prescribed by Louisiana law in
				  a secure storage area unless otherwise required in accordance with
				  R.S.
				  15:614.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:611.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 27 - Collection, Submission, Receipt, Identification, Storage and Disposal of DNA Samples › Subchapter B - Arrestees › Section I-2727 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any article,
				  Section, Subsection, sentence, Clause or phrase of LAC 55:I.2720 et seq., is
				  for any reason determined to be unconstitutional, contrary to statute, in
				  excess of authority, or otherwise inoperative, such determination shall not
				  affect the validity of any other article, Section, Subsection, sentence, Clause
				  or phrase of LAC 55:I.2701 et seq.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 15:611.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 27 - Collection, Submission, Receipt, Identification, Storage and Disposal of DNA Samples › Subchapter C - Peace Officers › Section I-2740 - Scope, Purpose and Application

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Scope, Purpose, and Application. To provide rules and regulations governing the
				  collection, submission, receipt, identification, storage and/or disposal of DNA
				  samples for peace officers pursuant to
				  R.S.
				  40:2405.4.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:2405.4.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 27 - Collection, Submission, Receipt, Identification, Storage and Disposal of DNA Samples › Subchapter C - Peace Officers › Section I-2741 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Biological Sample
-biological evidence of
					 any nature that is utilized to conduct DNA analysis.
Crime Laboratory
-Louisiana State Police
					 Crime Laboratory of the Department of Public Safety and Corrections, Public
					 Safety Services.
Department
-Department of Public Safety and
					 Corrections, Public Safety Services.
Director
-the Director of the Louisiana
					 State Police Crime Laboratory.
DNA
-deoxyribonucleic acid.
DNA Analysis
-DNA typing tests that
					 generate numerical identification information and are obtained from a DNA
					 sample.
DPS and C
-Department of Public Safety and
					 Corrections.
Peace Officer
-same meaning as
					 R.S.
					 40:2402.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:2405.4.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 27 - Collection, Submission, Receipt, Identification, Storage and Disposal of DNA Samples › Subchapter C - Peace Officers › Section I-2742 - Collection of DNA Samples for Peace Officers

Current through Register Vol. 50, No. 6, June 20, 2024
A. All biological samples obtained for DNA
				  Analysis from a peace officer shall be buccal swabs and shall be collected
				  using sterile cotton tip swabs as provided by the agency employing the peace
				  officer who is required to have his biological sample collected pursuant to
				  R.S.
				  40:2405.4.
1. The agency employing the peace officer
				  shall provide all materials necessary to collect a biological sample from any
				  peace officer required to provide a sample pursuant to
				  R.S.
				  40:2405.4.
2. The supplies necessary to collect a buccal
				  swab shall include the following:
a. one pack
				  of two sterile cotton tip swabs;
b.
				  one pair of gloves;
c. one paper
				  type envelope to store the samples once collected;
d. evidence tape for sealing the paper
				  envelope.
3. In order to
				  collect the biological sample, the collector shall adhere to the following
				  procedures.
a. The collector shall print the
				  name of the peace officer, the date of collection and the name of the collector
				  on the paper type envelope used to store the samples prior to collection of the
				  specimen.
b. Have the subject open
				  his or her mouth. If there is foreign matter in the mouth, such as tobacco or
				  gum, have the subject rinse his or her mouth out with water.
c. Remove one sterile cotton swab and collect
				  the specimen by rubbing the swab vigorously on the inside surfaces of the
				  cheeks and gums thoroughly. While slowly turning the swab (so that all sides of
				  the swab are in contact with the side of the cheek) rub the swab up and down
				  and back and forth in the mouth about 10 times.
d. Place the buccal swab in the paper type
				  envelope. Do not place the swab back into the original sterile swab
				  packaging.
e. Repeat Subparagraph c
				  of this Paragraph with the remaining swab.
f. Place the second cotton tip swab
				  immediately inside the paper type envelope with the first swab.
g. Seal the paper type envelope. Write the
				  date and collector's initials partially on the paper type envelope and
				  partially on the envelope flap.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 27 - Collection, Submission, Receipt, Identification, Storage and Disposal of DNA Samples › Subchapter C - Peace Officers › Section I-2743 - Storage of Biological Samples

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  All agencies employing any peace officer required to provide a biological
				  sample pursuant to
				  R.S.
				  40:2405.4 shall be responsible for storing
				  said samples in a secure location. All agencies shall ensure that no
				  unauthorized access to any biological sample taken from any peace officer is
				  permitted.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:2405.4.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 27 - Collection, Submission, Receipt, Identification, Storage and Disposal of DNA Samples › Subchapter C - Peace Officers › Section I-2745 - Disposition of Biological Samples Following Termination Peace Officer Employment

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the
				  employment of a peace officer who is required to have a DNA sample collected
				  pursuant to
				  R.S.
				  40:2405.4 terminates for any reason, the law
				  enforcement agency that collected the sample may destroy the buccal swab or
				  return it to the peace officer from whom the sample was collected.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:2405.4.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 27 - Collection, Submission, Receipt, Identification, Storage and Disposal of DNA Samples › Subchapter C - Peace Officers › Section I-2747 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any article,
				  Section, Subsection, sentence, Clause or phrase of LAC 55:I:2720 et seq., is
				  for any reason determined to be unconstitutional, contrary to statute, in
				  excess of authority, or otherwise inoperative, such determination shall not
				  affect the validity of any other article, Section, Subsection, sentence, Clause
				  or phrase of LAC 55:I:2701 et seq.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 40:2405.4.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 29 - Defensive Driving Course Approval and Certification › Section I-2901 - Defensive Driving Course Approval Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. Authority
1. Act 169 of the 2001 Regular Legislative
				Session amended
				R.S.
				22:1404, authorizing the Department of Public
				Safety and Corrections, Public Safety Services, Office of State Police to
				approve and certify defensive driving courses.
2. Act 1093 of the 2003 Regular Legislative
				Session amended
				R.S.
				22:1404, authorizing the Department of Public
				Safety and Corrections, Public Safety Services, Office of State Police
				(department) to promulgate rules and regulations to establish criteria and
				standards for the approval and certification of defensive driving courses. The
				expenses of the approval and certification process by the department shall be
				funded through an interagency agreement with the Department of Insurance,
				contingent upon the appropriation of funds by the legislature.
3. These rules shall apply to any person,
				business, or entity producing defensive driving courses and seeking department
				approval and certification of their defensive driving course.
4. The department shall not incur an unfunded
				mandate and if funds are not available, the department shall not be required to
				certify defensive driving courses.
5. These rules are promulgated in accordance
				with
				R.S.
				22:1404.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 31 - Motorcycle Safety Training Program › Section I-3101 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The purpose of
				this manual is to provide for the promulgation of regulations and procedures
				for the department's Motorcycle Safety, Awareness and Operator Training
				Program. This manual is designed for use by program motorcycle safety
				instructors to facilitate the implementation of department motorcycle operator
				training courses or other program activities. It shall be incumbent upon all
				program personnel to be knowledgeable of and to abide by all of the current
				program regulations and procedures. The regulations and procedures contained
				herein supersede those in effect prior to the printing of the 2009
				edition.
B. This manual is subject
				to revision; it is the responsibility of all program personnel to be abreast of
				the latest revisions through required attendance at all department scheduled
				motorcycle safety instructor update workshops and through the complete reading
				of the current manual.
C. The
				purpose of the program shall be to:
1.
				educate motorcycle operators in the safe operation of motorcycles;
2. provide for the certification of
				motorcycle operator education and training instructors and the training of law
				enforcement personnel in the proper operation of motorcycles;
3. develop campaigns to promote participation
				in the program, motorcycle safety, and motorcycle awareness.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 31 - Motorcycle Safety Training Program › Section I-3103 - Background

Current through Register Vol. 50, No. 6, June 20, 2024
A. Efforts to
				promote motorized two-wheel vehicle safety in Louisiana began in the mid 1950's
				with the development and statewide implementation of a Motor Scooter Operator
				Training Course. In 1974, the Department of Education established and
				implemented a motorcycle safety and rider education program to address the high
				incidence of in-state motorcycle related traffic accidents. In 1987 through
				legislative action, the program title was changed to Motorcycle Safety,
				Awareness and Operator Training Program. Today the program is administered and
				implemented through the Department of Public Safety and Corrections, Office of
				State Police Transportation and Environmental Safety Section.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.32:402.3.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 31 - Motorcycle Safety Training Program › Section I-3105 - Legal Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. Act 138 of
				the 2009 Regular Legislative Session authorized the transfer of the Motorcycle
				Safety, Awareness and Operator Training Program to the Department of Public
				Safety and Corrections, effective September 1, 2009.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.32:402.3.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 31 - Motorcycle Safety Training Program › Section I-3109 - Motorcycle Safety Instructor Status

Current through Register Vol. 50, No. 6, June 20, 2024
A. Motorcycle Safety Instructor Status
				Prerequisites. The prospective instructor shall:
1. be at least 21 years of age;
2. have earned a high school certificate of
				graduation or department recognized equivalent;
3. have a valid vehicle Louisiana driver's
				license with a cycle endorsement thereon;
4. have not been convicted of a felony, nor
				have pleaded "no contest" to the same in the immediate three-year period prior
				to application for instructor status;
5. have a satisfactory driving record for
				three consecutive years immediately prior to application for instructor status.
				Such record requires that the candidate to not have been convicted of more than
				three moving violations or not having had his or her vehicle operator's license
				suspended or revoked during this period;
6. be in good physical condition and have the
				ability to perform all of the required duties of a motorcycle safety
				instructor;
7. have satisfactorily
				completed a Motorcycle Safety Instructor Preparation Course approved by the
				program coordinator;
8. be the
				owner and/or frequent operator of a motorcycle currently licensed, insured, and
				state safety-inspected;
9. have
				passed all required program examinations.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 31 - Motorcycle Safety Training Program › Section I-3111 - Application for Department Motorcycle Safety Instructor Status

Current through Register Vol. 50, No. 6, June 20, 2024
A. Application
				Procedure
1. No applicant for motorcycle
				safety instructor status shall be considered for such by the department until
				all of the requirements established in this Chapter are met by the
				applicant.
2. In addition to all
				other requirements established in this Chapter, an applicant must:
a. instruct at least four hours of classroom
				sessions and four hours of range sessions of a specific basic motorcycle
				operator training course under the direct supervision of a motorcycle safety
				master instructor and at a teaching proficiency level acceptable to the master
				instructor and program coordinator, prior to the application for employment as
				a motorcycle safety instructor. The date and time shall be assigned by the
				program coordinator. The potential motorcycle safety instructor must apply via
				correspondence to the program coordinator for approval to perform these
				instructional duties. Such duties shall be performed only after the applicant
				has received written approval from the program coordinator;
b. submit evidence of satisfactory completion
				of an approved motorcycle safety instructor preparation course;
c. complete and submit all required
				pre-employment forms;
d. pass all
				department required motorcycle safety instructor applicant examinations and
				interviews.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 31 - Motorcycle Safety Training Program › Section I-3113 - Recognition and Maintenance of Motorcycle Safety Instructor Status

Current through Register Vol. 50, No. 6, June 20, 2024
A. Recognition. If
				an applicant has met all of the requirements established by this Chapter, the
				department may employ the applicant as a motorcycle safety
				instructor.
B. Maintenance. To
				retain such status, a motorcycle safety instructor shall:
1. maintain a satisfactory driving
				record;
2. successfully complete
				all required workshops and meetings related to the program;
3. maintain a teaching proficiency acceptable
				by the program coordinator;
4.
				complete and submit all program surveys and other forms as required;
5. comply with all of the appropriate rules,
				regulations, procedures, and guidelines prescribed by the department for the
				program; and
6. maintain
				certificates as required.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 31 - Motorcycle Safety Training Program › Section I-3115 - Revocation of Motorcycle Safety Instructor Status

Current through Register Vol. 50, No. 6, June 20, 2024
A. Reasons for Revocation. The status of an
				instructor may be revoked for any one of the following:
1. suspension or revocation of Louisiana
				driver's license;
2. failure to
				comply with all program regulations, procedures, and guidelines;
3. acting in a manner that in the program
				coordinator's view is detrimental to the program, the safety of the instructor
				or the safety of any student participating in program activities;
4. falsification of any department/program
				applications, forms, records, instructional hours, vouchers, and
				surveys;
5. conviction of a felony
				or DUI;
6. theft, attempted theft
				or misuse of program funds, equipment, materials or supplies;
7. failure to successfully complete training
				activities as required by the department;
8. failure to report and submit (within five
				working days) to the program coordinator any funds obtained through the sale of
				program materials, supplies, equipment, or promotional items.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 31 - Motorcycle Safety Training Program › Section I-3117 - Motorcycle Operator Training Course Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. Motorcycle Safety Instructor Preparation
				Course Standards
1. The motorcycle safety
				instructor preparation course shall contain a minimum of 50 hours of
				department-recognized instruction of which a minimum of 20 hours shall be
				practical motorcycle operation and teaching experiences.
2. The motorcycle safety instructor
				preparation course shall be conducted by a motorcycle safety master instructor
				or other department approved instructor.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 31 - Motorcycle Safety Training Program › Section I-3119 - Approval to Establish and Conduct a Department Motorcycle Operator Training Course

Current through Register Vol. 50, No. 6, June 20, 2024
A. Application
				for Course Approval
1. A motorcycle safety
				instructor shall apply for written approval to establish and conduct any
				proposed program motorcycle operator training course or activity. It shall be
				the responsibility of the motorcycle safety instructor to initiate and fulfill
				the provisions of instructional services as required by this Chapter.
				Motorcycle safety instructors shall complete and submit to the program
				coordinator an Application for Approval to Conduct Motorcycle Operator Training
				Course(s) (MS1) on a copy of the original form provided herein no less than 20
				working days prior to the earliest proposed course listed on the completed
				application. The individual submitting the application shall be named the lead
				motorcycle safety Instructor for all courses listed and approved.
2. No motorcycle safety instructor shall
				either solicit nor collect fees for or conduct any proposed program motorcycle
				operator training course or activity until written approval to do so is
				received by that instructor from the program coordinator. Such written
				approval, if granted, shall be provided to the instructor on a copy of the
				completed MS1 Form submitted by the instructor. Fees collected for unapproved
				courses shall be returned immediately to the individual(s) submitting
				them.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 31 - Motorcycle Safety Training Program › Section I-3121 - Motorcycle Operator Training Course Enrollment and Participation Policies

Current through Register Vol. 50, No. 6, June 20, 2024
A. Minimum Age and
				Physical Requirements
1. Participation in the
				program shall be open to any person who meets the qualifications of the
				Department of Public Safety and Corrections to apply for a motorcycle operator
				endorsement.
2. An individual no
				less than 16 years of age may enroll and participate in a course if this person
				provides the course instructor with documentation of having completed a
				Department of Education or Department of Public Safety and Corrections approved
				driver education course. Such documentation shall be in the form of the
				individual's school transcript or a Department of Education Driver Education
				Course Application and School Instruction Permit (DE 1821) or a commercial
				school instruction permit.
3.
				Individuals unable to provide such documentation shall be a minimum of 17 years
				of age to enroll or participate in any department motorcycle operator-training
				course.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 31 - Motorcycle Safety Training Program › Section I-3123 - Wage Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Qualifications for Payment of Assistant Instructor
1. Assistant instructors shall be paid for
				range instruction when there are 9 to 12 operator students participating in
				exercises on the same range where that assistant instructor has been assigned.
				An assistant instructor utilized in an advanced course where more than three
				passenger participants successfully complete that particular course may claim
				up to one additional hour of instructional service.
2. Assistant instructors may also be paid for
				classroom instruction if so assigned by the lead instructor within the total
				course instructional hours allowed.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 31 - Motorcycle Safety Training Program › Section I-3125 - Motorcycle Operator Training

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Training Facilities and Sites
1. Training
				facilities include an adequate classroom, driving range, and storage area that
				at a minimum, meet the standards listed in the curriculum guide approved by the
				program coordinator.
2. All
				proposed program training facilities and sites shall be subject to inspection
				by the program coordinator prior to initial use. Established sites are subject
				to inspection by same during course implementation.
3. The lead instructor shall be responsible
				for all administrative duties, equipment procurement, and training facility
				management associated with student registration, on site preparation, and
				implementation of a particular course.
4. Approval by the program coordinator shall
				not be granted for any instructor to lease or rent any proposed equipment,
				training facility, or training site for use through the program. Instructors
				making such agreements or expenditures shall not be reimbursed for expenses
				related to such actions.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 31 - Motorcycle Safety Training Program › Section I-3127 - Program Insurance and Reporting Accidents

Current through Register Vol. 50, No. 6, June 20, 2024
A. Program Insurance
1. Proposed motorcycle operator training
				courses or other proposed program activities to be conducted on or with
				properties and/or equipment owned or not owned by the state shall be reported
				to the program coordinator in order that the Office of Risk Management can
				provide appropriate insurance coverage for loan-trainer motorcycles and/or the
				conduct of the course or activity offered and provide certificates of
				insurance, as proof of coverage, if needed. Appropriate insurance for the
				program will be obtained through the Office of Risk Management as per
				R.S.
				39:1527 et seq., for the purpose of acquiring
				general liability coverage, etc. No proposed program course or activity may be
				conducted without first obtaining written approval from the program coordinator
				as per this Chapter.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 31 - Motorcycle Safety Training Program › Section I-3129 - First Aid

Current through Register Vol. 50, No. 6, June 20, 2024
A. First Aid
				Supplies and Treatment
1. Every lead
				instructor conducting a department motorcycle operator training course shall
				have a fully charged fire extinguisher and a first aid kit available on the
				training site at all times during a course.
2. The first aid kit shall contain supplies
				necessary to treat minor injuries, to help prevent loss of blood, and to
				provide some comfort. At a minimum, it should contain the following supplies:
a. sufficient gauze wrappings to make up a
				compression bandage;
b. several
				dressings;
c. several different
				sized band-aids;
d. roll of medical
				tape;
e. information on the
				treatment of minor wounds and injuries.
3. Instructors may supplement the above with
				aspirin, burn ointment, medical gloves, etc. Instructors shall not administer
				prescription medication to any student for whom it was not prescribed by a
				physician.
4. In the event of an
				injury resulting from the conduct of a motorcycle operator training course, the
				course instructor(s) shall act with prudence and dispatch in dealing with the
				immediate medical needs of the injured party. Such action may include, but is
				not limited to, the administering of first aid to the best of the instructor's
				ability and the requesting of emergency medical service (EMS).
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 31 - Motorcycle Safety Training Program › Section I-3131 - Program Materials and Equipment

Current through Register Vol. 50, No. 6, June 20, 2024
A. Course Banner
1. The course lead instructor shall display
				any department banner provided by the program coordinator for such purpose at
				the course driving range site during all practical exercises. The banner shall
				be located in plain view of the general public and shall be taken down at the
				end of the practical exercises each day of the course.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 31 - Motorcycle Safety Training Program › Section I-3133 - Student Completion Certificates

Current through Register Vol. 50, No. 6, June 20, 2024
A. Motorcycle Operator Training Course
				Certificates
1. All students successfully
				completing a basic course conducted in accordance with the regulations and
				procedures herein shall receive a department certificate indicating
				such.
2. All students successfully
				completing an advanced course conducted in accordance with the regulations and
				procedures herein shall receive a department certificate indicating
				such.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 31 - Motorcycle Safety Training Program › Section I-3135 - Program Form Duplication and Availability Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A. Copies of the program forms located in the
				appendices may be made when needed. The originals should be retained in the
				manual for future use in making copies.
B. Forms shall not be modified or altered in
				any manner. Instructors unable to make copies may obtain packets of the forms
				from the program coordinator upon a request received by same at least 10
				working days before needed delivery.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.32:402.3.
Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 31 - Motorcycle Safety Training Program › Section I-3137 - Public Information Policy

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The Department of Public Safety and Corrections shall be orally acknowledged to
				participants at the beginning of any motorcycle operator-training course or
				program activity by the lead motorcycle safety instructor as the state agency
				conducting and sponsoring the course or activity.
B. Those working "in cooperation" with the
				department to implement a course should also be acknowledged as such. Such
				entities are usually recognized for providing:
1. loan motorcycles;
2. course facilities;
3. support services (i.e. volunteers,
				refreshments, materials, etc.).