HB 173 by State Rep. Bryan Fontenot (R-Thibodaux) is now Act 259 after being signed into law by Jeff Landry and will take effect on Aug. 1.
That’s the bill that makes it a MISDEMEANOR to approach with 25 feet of a law enforcement officer who is “engaged in his law enforcement duties,” subject to fines of up to $500 or 60 days in the slammer – or both. Unfortunately, it’s just another knee-jerk reaction by the law and order party that, conversely, wants to defund law enforcement over Donald Trump’s myriad legal problems.
The vote was 27-12 in favor in the SENATE and 81-20 with four absentees in the HOUSE.
So, why would anyone in either chamber oppose the bill? For one, opponents say it could hamper one’s ability to take video of abuses, a tactic that has become critical in holding police accountable.
Fontenot countered by saying that the 25-foot buffer would inhibit anyone from spitting “in my face when I’m making an arrest.” (I wasn’t aware that in addition to being CEO of a land development company, Fontenot was also a police officer. (he’s not that was just me being snarky).
Okay, I’m willing to concede that officers need elbow room to swing their clubs and to properly aim their kicks at prone, handcuffed perps, but the vagueness of the law raises a couple of overriding questions:
Who determines if the 25-foot buffer has been violated and how is the buffer accurately measured in the heat of action?
In addition to Glock firearms, pepper spray, a taser, a radio, surgical gloves, a baton, a flashlight, body camera and handcuffs, are officers now going to be required to carry a measuring tape on their person at all time so as to take measurements of how far away spectators are?
Here’s another interesting question: if someone is outside the 25-foot boundary, say 26 or 27 feet away, but is arrested for encroaching on the buffer and contests the officer’s contention, ask yourself – and answer honestly – who do you think the judge will believe?
Louisiana Voice 
One of many awful laws that came from this session. I guess the only bright side is it will be about eight months before we know what other horrendous crap they come up with. Hate to guess.
The young woman who videoed the last nine minutes of George Floyd’s life was well within this arbitrary 25 feet range and that’s not a surprise to anybody.
Someone being outside the buffer but being arrested anyway, is something that could happen. The law includes the word “retreat,” meaning someone well outside the buffer zone can be forced to move back even further by officers walking toward them, or could be arrested for staying put.
Laws such as this exists to protect the police and make it harder to hold them accountable. As if qualified immunity and a brotherhood to cover for you isn’t enough. Voters who support this stuff think of themselves as “good and decent people,” not the kind of rioters and BLM trash the cops take down. It has likely never occurred to them this law might one day jump up and bite them in the ass. They don’t believe Law applies to them the same way it applies to others. January 6 criminals are not guilty, they’re political prisoners. Trump isn’t a convicted felon; Trump is a victim of “lawfare.” And they think they’re never going to have a cop kneeling on their back. The real problem, see, is “woke” liberals “spitting in the face” of the police doing their job in lawless America. It’s a 24/7, 365 days a year alternate reality. A MAGA fascist alternate reality.
Agree with Mr. Spillman! I had lunch with an old dear friend, and fellow officer, a WWII veteran, and at the age of 95, and after our usual talk about old friends/connections, he looked me straight in the eye, “you know we are having another civil war”, then back to another subject, a pause and then he said, “the devil is in the Baptist Church.” They, the MAGA, are not going away and neither is our Democracy. Keep learning and Keep loving! ron thompson
The police will be issued measuring tapes that are exactly 25 feet long. It will be attached to their belt. All they have to do is press a button and it automatically shoots out 25 feet.