ENROLLED
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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
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 on school premises15
or at a school-sanctioned event during the course and scope of the school employee's16
employment. In all such instances, a summons shall be issued to the school17
employee pursuant to Code of Criminal Procedure Article 209.18
* * *19
Art. 213. Arrest by officer without warrant; when lawful 20
A. A peace officer may, without a warrant, arrest a person when any of the21
following occur:22
(1) The person to be arrested has committed an offense in his presence; and23
if the arrest is for a misdemeanor, it must be made immediately or on close pursuit,.24 ENROLLEDHB NO. 1108
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are additions.
(2) The person to be arrested has committed a felony, although not in the1
presence of the officer,.2
(3) The peace officer has reasonable cause to believe that the person to be3
arrested has committed an offense, although not in the presence of the officer; or.4
(4) The peace officer has received positive and reliable information that5
another peace officer from this state holds an arrest warrant, or a peace officer of6
another state or the United States holds an arrest warrant for a felony offense.7
B. A peace officer in close pursuit of a person to be arrested, who is making8
an arrest pursuant to this Article, A peace officer making an arrest pursuant to this9
Article who is in close pursuit of the person to be arrested may enter another10
jurisdiction in this state and make the arrest.11
C. Notwithstanding any other provisions of law to the contrary, no12
magistrate shall have the authority to issue a warrant of arrest for a school employee,13
as defined by R.S. 17:16(G), for any misdemeanor act allegedly committed on14
school premises or at a school-sanctioned event during the course and scope of the15
school employee's employment. In all such instances, a summons shall be issued to16
the school employee pursuant to Code of Criminal Procedure Article 209.17
Section 2. This Act shall become effective upon signature by the governor or, if not18
signed by the governor, upon expiration of the time for bills to become law without signature19
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If20
vetoed by the governor and subsequently approved by the legislature, this Act shall become21
effective on the day following such approval.22
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: