HLS 19RS-47 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 224
BY REPRESENTATIVE DUPLESSIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/ARRESTS: Authorizes law enforcement officers to issue a citation in lieu of
arrest for persons with a suspended, revoked, or canceled driver's license
1 AN ACT
2To amend and reenact Code of Criminal Procedure Article 211(C) and to enact Code of
3 Criminal Procedure Article 211(D), relative to a summons by a peace officer instead
4 of arrest or booking; to provide an officer with discretion to issue a citation in lieu
5 of arrest for persons operating a motor vehicle with a suspended, revoked, or
6 canceled driver's license; and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Article 211(C) is hereby amended and
9reenacted and Code of Criminal Procedure Article 211(D) is hereby enacted to read as
10follows:
11 Art. 211. Summons by officer instead of arrest and booking
12 * * *
13 C.(1) When a peace officer has reasonable grounds to believe a person has
14 committed an offense of driving without a valid driver's license, whether physical or
15 electronic, in his possession, the officer shall make every practical attempt based on
16 identifying information provided by the person to confirm that the person has been
17 issued a valid driver's license. If the officer determines that the person has been
18 issued a valid driver's license which is not under revocation, suspension, or
19 cancellation, but that the physical or electronic license is not in his possession, the
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-47 ORIGINAL
HB NO. 224
1 officer shall issue a written summons to the offender in accordance with law,
2 commanding him to appear and answer the charge.
3 (2) The provisions of this Article shall in no way limit a peace officer from
4 issuing a citation for operating a motor vehicle without physical possession of a valid
5 driver's license.
6 D. When a peace officer has reasonable grounds to believe a person has
7 committed an offense of driving with a driver's license that is under revocation,
8 suspension, or cancellation, the officer may use his discretion to make a custodial
9 arrest or issue a written summons to the offender, in accordance with law,
10 commanding him to appear and answer the charge.
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 224 Original 2019 Regular Session Duplessis
Abstract: Authorizes law enforcement officers to issue a citation in lieu of arrest for
persons driving with a driver's license that is a suspended, revoked, or canceled.
Present law requires a peace officer make every practical attempt to confirm that a person
has been issued a valid driver's license when the officer has reasonable grounds to believe
the person has committed the offense of driving without a valid driver's license.
Present law further specifies that if the officer determines that the person has been issued a
valid driver's license that is not under revocation, suspension, or cancellation, but is not in
the person's possession, the officer must issue a written summons to the offender.
Proposed law provides that a person must be in possession of their driver's license whether
in physical or electronic form.
Proposed law authorizes a peace officer to use his discretion to make a custodial arrest or
issue a citation for a person driving with a driver's license that is under suspension,
revocation, or cancellation.
(Amends C.Cr.P Art. 211(C); Adds C.Cr.P. Art 211(D))
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.