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 47 Reengrossed 2019 Regular Session Jenkins
Abstract: Amends the penalties for the crime of improper supervision of a minor and authorizes
the issuance of a summons instead of arrest for persons who commit the offense.
Present law provides for the crime of improper supervision of a minor by a parent or legal custodian
and present law penalties include a fine of not less than $25 and not more than $250 for each offense,
imprisonment for not more than 30 days, or both.
Present law provides that whoever violates the crime of improper supervision of a minor by allowing
the minor to be habitually absent or tardy from school without a valid excuse is subject to being fined
not less than $25 nor more than $250 for each offense, imprisonment for not more than 30 days, or
both. Present law requires a minimum condition of probation to be imposed, including school or
community service activities.
Proposed law changes the penalties to a fine of not more than $500, imprisonment for not more than
six months, or both, and repeals the specific penalty for violation of improper supervision of a minor
by allowing the minor to be habitually absent or tardy from school.
Proposed law directs the court when imposing the sentence for a person convicted of improper
supervision of a minor to consider the totality of the circumstances including the best interest of the
minor.
Proposed law authorizes a peace officer to issue a summons, in lieu of making an arrest, to any
person who commits the offense of improper supervision of a minor unless:
(1)The officer has reasonable grounds to believe that the person will not appear upon summons.
(2)The officer has reasonable grounds to believe that the person will cause injury to himself or
another, will cause damage to property, or will continue in the same or a similar offense
unless immediately arrested and booked.
(3)It is necessary to book the person to comply with routine identification procedures.
(Amends R.S. 14:92.2(A)(1) and (2), (B)(1), (C), and (D); Adds C.Cr.P. Art. 211.3; Repeals R.S.
14:92.2(B)(4))
Summary of Amendments Adopted by House The House Floor Amendments to the engrossed bill:
1. Make technical changes.
2. Add provision that directs the court to consider the totality of the circumstances including
the best interest of the minor.
3. Authorize, instead of require, the peace officer to issue a summons in lieu of making an
arrest.