HLS 14RS-2064 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 1108
BY REPRESENTATIVE TERRY LANDRY
CRIME: Provides with respect to the issuance of arrest warrants by magistrates
AN ACT1
To amend and reenact Code of Criminal Procedure Article 213 and to enact Code of2
Criminal Procedure Article 202(F), relative to warrants of arrest; to prohibit3
magistrates from making arrests with or without a warrant for school employees for4
certain acts committed during the course and scope of employment; to authorize the5
issuance of a summons in lieu of a warrant for arrest; and to provide for related6
matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Code of Criminal Procedure Article 213 is hereby amended and reenacted9
and Code of Criminal Procedure Article 202(F) is hereby enacted to read as follows: 10
Art. 202. Warrant of arrest; issuance11
* * *12
F. Notwithstanding any other provisions of law to the contrary, no magistrate13
shall have the authority to issue a warrant of arrest for a school employee, as defined14
by R.S. 17:16(G), for any misdemeanor act allegedly committed during the course15
and scope of the school employee's employment. In all such instances, a summons16
shall be issued to the school employee pursuant to Code of Criminal Procedure17
Article 209.18
* * *19 HLS 14RS-2064 ENGROSSED
HB NO. 1108
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Art. 213. Arrest by officer without warrant; when lawful 1
A. A peace officer may, without a warrant, arrest a person when any of the2
following occur:3
(1) The person to be arrested has committed an offense in his presence; and4
if the arrest is for a misdemeanor, it must be made immediately or on close pursuit,.5
(2) The person to be arrested has committed a felony, although not in the6
presence of the officer,.7
(3) The peace officer has reasonable cause to believe that the person to be8
arrested has committed an offense, although not in the presence of the officer; or.9
(4) The peace officer has received positive and reliable information that10
another peace officer from this state holds an arrest warrant, or a peace officer of11
another state or the United States holds an arrest warrant for a felony offense.12
B. A peace officer in close pursuit of a person to be arrested, who is making13
an arrest pursuant to this Article, may enter another jurisdiction in this state and14
make the arrest.15
C. Notwithstanding any other provisions of law to the contrary, no16
magistrate shall have the authority to arrest a school employee, as defined by R.S.17
17:16(G), for any misdemeanor act allegedly committed during the course and scope18
of the school employee's employment. In all such instances, a summons shall be19
issued to the school employee pursuant to Code of Criminal Procedure Article 209.20
Section 2. This Act shall become effective upon signature by the governor or, if not21
signed by the governor, upon expiration of the time for bills to become law without signature22
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If23
vetoed by the governor and subsequently approved by the legislature, this Act shall become24
effective on the day following such approval.25 HLS 14RS-2064 ENGROSSED
HB NO. 1108
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Terry Landry HB No. 1108
Abstract: Prohibits a magistrate from making an arrest without a warrant or issuing a
warrant for arrest for a school employee for certain acts committed during the course
and scope of his employment.
Proposed law prohibits a magistrate from issuing a warrant for arrest for any school
employee for a misdemeanor act committed during the course and scope of employment and
further authorizes the issuance of a summons.
Present law authorizes arrest without a warrant by a peace officer when the person to be
arrested has committed certain offenses in his presence, certain offenses not in the presence
of the officer, or the peace officer has received positive and reliable information that another
peace officer from this state or another state within the U.S. holds an arrest warrant.
Present law authorizes the peace officer to enter another jurisdiction to make an arrest
without a warrant when in close pursuit.
Proposed law retains present law and prohibits a magistrate from making an arrest without
a warrant for a school employee that commits a misdemeanor act during the course and
scope of his employment and further authorizes the issuance of a summons.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends C.Cr.P. Art. 213; Adds C.Cr.P. Art. 202(F))