HLS 19RS-372 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 11
BY REPRESENTATIVE BACALA
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
JUVENILE PROCEDURE: Provides relative to the taking into custody of a seventeen-year-
old who commits a misdemeanor grade delinquent act
1 AN ACT
2To amend and reenact Children's Code Article 815(A) and to enact Children's Code Article
3 814(B)(3), relative to taking a child into custody; to authorize the release of a
4 seventeen-year-old taken into custody for the commission of a misdemeanor-grade
5 delinquent act upon the issuance of a summons or upon his written promise to
6 appear; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Children's Code Article 815(A) is hereby amended and reenacted and
9Children's Code Article 814(B)(3) is hereby enacted to read as follows:
10 Art. 814. Taking child into custody without a court order; duties of the officer;
11 duties of the court
12 * * *
13 B. If a child is taken into custody without a court order or warrant, the officer
14 shall have the responsibility to either:
15 * * *
16 (3) If the child is seventeen years of age and has been taken into custody for
17 the commission of a misdemeanor grade delinquent act, issue a summons or counsel
18 and release the child upon the child's written promise to appear in court at such time
19 as may be fixed by the court.
20 * * *
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-372 ORIGINAL
HB NO. 11
1 Art. 815. Child taken into custody; place of detention
2 A. The peace officer or an appropriate representative of the arresting agency
3 shall have the authority and responsibility to transport the child to the appropriate
4 place of detention specified in Paragraphs B and C of this Article, unless the child
5 has been released to the care of his parents pursuant to Article 814(B)(1) or (3).
6 * * *
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)]
HB 11 Original 2019 Regular Session Bacala
Abstract: Authorizes the release of a seventeen-year-old taken into custody for the
commission of a misdemeanor-grade delinquent act upon the issuance of a summons
or upon his written promise to appear.
Present law (Ch.C. Art. 814) provides that a child may be taken into custody without a court
order or warrant by a peace officer or probation officer if the officer has probable cause to
believe that the child has committed a delinquent act.
If a child is taken into custody without a court order or warrant, present law (Ch.C. Art. 814)
provides that the officer shall have the responsibility to either:
(1)Counsel and release the child to the care of his parents upon their written promise to
bring the child to court at such time as may be fixed by the court.
(2)Promptly escort the child to the appropriate facility in accordance with present law
(Ch.C. Art. 815).
In this regard, present law (Ch.C. Art. 815) requires the peace officer or an
appropriate representative of the arresting agency to transport the child to the
appropriate place of detention specified in present law, unless the child has been
released to the care of his parents pursuant Paragraph (1) above.
Present law (Ch.C. Art. 804) provides that a 17-year-old who commits, on or after March
1, 2019, a delinquent act that is not a crime violence may be subject to delinquency
proceedings of the appropriate court exercising juvenile court jurisdiction instead of being
subject to the exclusive jurisdiction of the appropriate court exercising criminal jurisdiction.
Proposed law retains present law and provides that if a seventeen-year-old is taken into
custody without a court order or warrant for a misdemeanor-grade delinquent act, the peace
officer has the additional option of releasing the child upon the issuance of a summons or
upon the child's written promise to appear in court at such time as may be fixed by the court.
(Amends Ch.C. Art. 815(A); Adds Ch.C. Art. 814(B)(3))
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.