Police buffer bill clears full House

BATON ROUGE, La. (KALB) - The full state House passed a bill that would create a buffer for police interactions with the public, making it a crime if that buffer were violated.

Under State Rep. Mike Johnson’s HB 85, if a person knowingly or intentionally approached an officer engaged in their official duties within 25 feet, and the officer has ordered the person to stop approaching or back up, the individual could be charged for failure to comply. Johnson has called it a safety bill.

”It’s simple in that all it does is give those men and women the option of requesting a zone of protection, a zone of safety, when they are, as police officers, doing their job,” said Johnson during House debate.

The violation would be a misdemeanor with a fine of not more than $500, imprisonment for a maximum of 60 days or both.

Groups like the ACLU of Louisiana have suggested that the proposed law would deprive people of their rights to film police interactions. Some House lawmakers had similar concerns.

”I have done tried the camera bit,” explained State Rep. Wilford Carter (D-District 34). “You can’t hear what’s going on. You can film somewhat. But, this bill would interfere with the citizen’s right to record what the officer is doing.”

Carter also questioned how the law would work when it comes to private property. He argued that private property is usually within 10 feet of a roadway or sidewalk, not 25 feet. He offered up an amendment to make the distance 10 feet instead of 25 feet. That amendment failed.

Other lawmakers from both sides of the political aisle questioned the broadness of what “lawfully engaged in the execution of his official duties” would include.

”It doesn’t need a reason. It’s just at any time, he can say, ‘Anyone in the public, do not come within 25 feet of me.’ That’s what it seems to criminalize,” said State Rep. Joseph Marino (I-District 85).

Johnson argued that he thought it was apparent, and “anybody can abuse any law that we pass, any law that’s on the books.”

State Rep. Barry Ivey (R-District 65) raised concern about a prosecutor’s burden of proof. He asked if an officer needed to break out a tape measure.

“Is the threshold that the cop prove that he was within 25 feet?” asked Ivey.

“It’s not an easy burden to prove,” responded Johnson.

The bill ultimately passed out of the House in a 67-32 vote.

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