Terms Used In Louisiana Revised Statutes 17:409.4

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Threat is credible: means that the available facts, when viewed in light of surrounding circumstances, would cause a reasonable person to believe that the person communicating the threat actually intends to carry out the threat. See Louisiana Revised Statutes 17:409.2
  • Threat of terrorism: means communication, whether oral, visual, or written, including but not limited to electronic mail, letters, notes, social media posts, text messages, blogs, or posts on any social networking website, of any crime of violence that would reasonably cause any student, teacher, principal, or school employee to be in sustained fear for his safety, cause the evacuation of a building, or cause other serious disruption to the operation of a school. See Louisiana Revised Statutes 17:409.2
  • Threat of violence: means communication, whether oral, visual, or written, including but not limited to electronic mail, letters, notes, social media posts, text messages, blogs, or posts on any social networking website, of any intent to kill, maim, or cause great bodily harm to a student, teacher, principal, or school employee on school property or at any school function. See Louisiana Revised Statutes 17:409.2

            A.(1) Each public school governing authority shall develop and adopt a policy for the investigation of threats of violence or threats of terrorism that have been reported to a school administrator, which shall include conducting an interview with the person reporting a threat, the person allegedly making a threat, and all witnesses, and securing any evidence, including but not limited to statements, writings, recordings, electronic messages, and photographs.

            (2) If the investigation results in evidence or information that supports that a threat is credible, the school and school district shall implement measures to provide for ongoing protection of the safety and lives of all students and staff at the school.

            B. Any law enforcement agency receiving notification of an alleged threat of violence or threat of terrorism under this Subpart shall:

            (1) Immediately begin an investigation and endeavor to complete the investigation not later than three school days after the report is received.

            (2) Notify the principal of the school that is the target of a threat of violence or threat of terrorism. If the principal is not available or cannot be contacted, the law enforcement agency shall notify any school official authorized to act in an emergency situation.

            C. In addition to the investigation and procedures outlined in this Section, nothing shall prohibit a law enforcement officer with probable cause from detaining or arresting any person for any alleged criminal act.

            Acts 2018, No. 716, §1; Acts 2019, No. 209, §1; Acts 2023, No. 164, §1.

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