LEGISLATIVE FISCAL OFFICE
Fiscal Note
Fiscal Note On: HB 173 HLS 24RS 561
Bill Text Version: ENROLLED
Opp. Chamb. Action:
Proposed Amd.:
Sub. Bill For.:
Date: May 21, 2024 9:07 AM Author: FONTENOT
Dept./Agy.: Sheriffs
Subject: Approaching an LEO Engaged in Law Enforcement Duties Analyst: Daniel Druilhet
CRIME/MISDEMEANOR EN SEE FISC NOTE LF EX Page 1 of 1
Creates the crime of approaching a law enforcement officer lawfully engaged in law enforcement duties
Proposed law adds the crime of approaching a law enforcement officer and prohibits any person from knowingly or
intentionally approaching (within twenty-five (25) feet) a peace officer engaged in the execution of his official duties after
the peace officer has ordered the person to stop approaching or retreat; assesses the penalty for the violation of
approaching a peace officer as imprisonment for no more than 60 days, or a fine of not more than $500, or both; makes as
an affirmative defense the defendant’s ability to establish that the lawful order or command was neither received nor
understood by the defendant nor capable of being received or understood under the conditions and circumstances that
existed at the time of the issuance of the order; defines peace officer as any individual defined in R.S. 14:112.4(B)(2) and
R.S. 40:2402(3).
EXPENDITURES 2024-25 2025-26 2026-27 2027-28 2028-29 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Annual Total
REVENUES 2024-25 2025-26 2026-27 2027-28 2028-29 5 -YEAR TOTAL
State Gen. Fd. $0 $0 $0 $0 $0 $0
Agy. Self-Gen. $0 $0 $0 $0 $0 $0
Ded./Other $0 $0 $0 $0 $0 $0
Federal Funds $0 $0 $0 $0 $0 $0
Local Funds SEE BELOW SEE BELOW SEE BELOW SEE BELOW SEE BELOW
Annual Total
EXPENDITURE EXPLANATION
Proposed law may result in an indeterminable increase in Local Funds expenditures for local governing authorities if a person
is convicted of knowingly or intentionally approaching (within twenty-five (25) feet) a peace officer engaged in the execution
of his official duties after the peace officer has ordered the person to stop approaching or retreat. The exact fiscal impact of
the passage of this legislation to local governing authorities is indeterminable, since it creates a new crime, and it is not
known how many people will be convicted and incarcerated in local facilities, nor the length of the sentences assessed with
those convictions as a result of its potential enactment. The maximum imprisonment term is 60 days (a misdemeanor).
There is no anticipated direct material effect on state governmental expenditures as a result of this measure because this
legislation creates a misdemeanor offense; therefore, these offenders are not sentenced to Department of Public Safety &
Corrections - Corrections Services (DPS&C).
REVENUE EXPLANATION
Proposed law may result in an indeterminable increase in local revenues as a result of potential fines for approaching (within
twenty-five (25) feet) a peace officer engaged in the execution of his official duties after the peace officer has ordered the
person to stop approaching or retreat. The exact fiscal impact of the passage of this legislation on local revenue is
indeterminable because the fines that would be imposed on those convicted are optional, and the amount of the fines, if
imposed, may vary. The potential revenue will accrue to the local governing authority.
Senate Dual Referral Rules House
13.5.1 >= $100,000 Annual Fiscal Cost {S & H} 6.8(F)(1) >= $100,000 SGF Fiscal Cost {H & S}
Patrice Thomas
13.5.2 >= $500,000 Annual Tax or Fee 6.8(G) >= $500,000 Tax or Fee Increase
Change {S & H} or a Net Fee Decrease {S} Deputy Fiscal Officer