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))