HLS 14RS-5741 ORIGINAL
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Regular Session, 2014
HOUSE STUDY REQUEST NO. 4
BY REPRESENTATIVE MILLER
JUDGES/JUSTICE OF PEACE: Provides relative to the powers of justices of the peace in
issuing felony arrest warrants
A STUDY REQUEST1
To the House Committee on Judiciary to study the powers of justices of the peace in issuing2
felony arrest warrants and to report its findings to the House of Representatives prior3
to the convening of the 2015 Regular Session of the Legislature of Louisiana.4
WHEREAS, Code of Criminal Procedure Article 202 authorizes the issuance of5
arrest warrants under certain circumstances, including the authority for justices of the peace6
to issue arrest warrants for felony arrests; and7
WHEREAS, the issuance of a felony arrest warrant requires determination of8
probable cause by the official issuing the arrest warrant; and9
WHEREAS, requirements to qualify for a justice of peace include the following:10
good moral character, to be a qualified elector, a resident of the ward and district from which11
elected, be able to read and write the English language, and possess a high school diploma12
or its equivalent as determined by the State Board of Elementary and Secondary Education13
by the date of qualification; and14
WHEREAS, it is imperative that an individual issuing a felony arrest warrant possess15
the necessary qualifications and education necessary to determine probable cause and16
whether the suspect has violated the required elements of the crime for which the arrest17
warrant is being issued.18
THEREFORE, the House of Representatives of the Legislature of Louisiana requests19
the House Committee on Judiciary to study the powers of justices of the peace in issuing20
felony arrest warrants; to study the practice by which the warrants are issued, including the21 HLS 14RS-5741 ORIGINAL
HSR NO. 4
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number of justices of the peace that issue the warrants and the jurisdictions that authorize1
this practice; to make recommendations on improving this practice; and to suggest changes,2
if any, regarding the authority to issue felony arrest warrants.3
THEREFORE, the House Committee on Judiciary shall receive testimony and4
information from the Justice of the Peace and Constables Association, the Louisiana District5
Attorneys Association, the Louisiana District Judges Association, the Louisiana Sheriffs'6
Association, the Office of the Louisiana Attorney General, and the Louisiana Supreme7
Court.8
THEREFORE, the House Committee on Judiciary shall report its findings to the9
House of Representatives prior to the convening of the 2015 Regular Session of the10
Legislature of Louisiana.11
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)]
Miller HSR No. 4
Requests the House Committee on Judiciary to study the powers of justices of the peace in
issuing felony arrest warrants.