ENROLLED
2019 Regular Session
HOUSE BILL NO. 11
BY REPRESENTATIVES BACALA AND MARINO
1 AN ACT
2 To amend and reenact Children's Code Articles 814(B)(1) and 815(A) and to enact
3 Children's Code Article 814(B)(3), relative to taking a child into custody; to
4 authorize the release of a seventeen-year-old taken into custody for the commission
5 of a misdemeanor-grade delinquent act upon the issuance of a summons or upon his
6 written promise to appear; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Children's Code Articles 814(B)(1) and 815(A) are hereby amended and
9 reenacted and Children'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: do any of the following:
15 (1) Counsel and release the child to the care of his parents upon their written
16 promise to bring the child to court at such time as may be fixed upon notice issued
17 by the court.
18 * * *
19 (3) If the child is seventeen years of age or older and has been taken into
20 custody for the commission of a misdemeanor-grade delinquent act, issue a summons
21 or counsel and release the child upon the child's written promise to appear in court
22 upon notice issued by the court.
23 * * *
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 11 ENROLLED
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 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.