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 386 Original 2019 Regular Session Hilferty
Abstract: When a child has been taken into custody for the commission of a delinquent act,
requires the court to consider prior delinquent acts committed by the child when determining
whether release of the child is appropriate.
Present law provides that if a child is taken into custody without a court order or warrant, 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 shelter care facility or juvenile detention center.
Present law further provides that as soon as practicable after a child is received by a juvenile
detention center or shelter care facility, the court or a probation officer employed and authorized by
the court, upon determining it to be appropriate, shall release the child to the care of his parents or
other relatives upon their written promise to bring him to court at such times as may be fixed by the
court.
Proposed law retains present law and requires the court or the probation officer authorized by the
court, in determining whether release of the child is appropriate, to consider the child's prior
delinquency record; whether the child has previously committed, or has engaged in a pattern of
activity involving, the same or a similar delinquent act for which the child is currently in custody;
and whether the instant or any prior delinquent act committed by the child involves a firearm or is
based upon an offense against the person of another.
(Amends Ch.C. Art. 817(A))