HLS 21RS-1011 ORIGINAL
2021 Regular Session
HOUSE BILL NO. 560
BY REPRESENTATIVE EMERSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/PROCEDURE: Provides relative to the issuance of summons by an officer in
lieu of arrest
1 AN ACT
2To amend and reenact Code of Criminal Procedure Article 211, relative to summons by an
3 officer instead of arrest and booking; provides for issuance of a citation in lieu of
4 arrest for persons committing certain offenses; and to provide for related matters.
5 Art. 211. Summons by officer instead of arrest and booking
6 A.(1) When it is lawful for a peace officer to arrest a person without a
7 warrant for a misdemeanor, or for a felony charge of theft or illegal possession of
8 stolen things when the thing of value is five hundred dollars or more but less than
9 one thousand dollars, he may issue a written summons instead of making an arrest
10 make an arrest instead of issuing a written summons if all any of the following exist:
11 (a) The officer has reasonable grounds to believe that the person will not
12 appear upon summons.
13 (b) The officer has no reasonable grounds to believe that the person will
14 cause injury to himself or another or damage to property or will continue in the same
15 or a similar offense unless immediately arrested and booked.
16 (c) There is no a necessity to book the person to comply with routine
17 identification procedures.
18 (d) If an officer issues a summons for a felony described in this Paragraph,
19 the The officer issuing the summons has ascertained that the person has no prior
20 criminal convictions.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-1011 ORIGINAL
HB NO. 560
1 (2) In any case in which a summons has been issued, a warrant of arrest may
2 later be issued in its place.
3 B.(1) When a peace officer has reasonable grounds to believe a person has
4 committed the offense of issuing worthless checks as defined by R.S. 14:71, he may
5 issue a written summons instead of making an arrest if all make an arrest instead of
6 issuing a written summons if all any of the following exist:
7 (a) He has reasonable grounds to believe that the person will not appear upon
8 summons.
9 (b) He has no reasonable grounds to believe that the person will cause injury
10 to himself or another or damage to property unless immediately arrested.
11 (2) In any case in which a summons has been issued, a warrant of arrest may
12 later be issued in its place.
13 * * *
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 560 Original 2021 Regular Session Emerson
Abstract: Provides for situations where peace officers may issue written summons instead
of making custodial arrests.
Present law provides that a peace officer may issue a written summons instead of arresting
a person without a warrant for a misdemeanor, or for a felony charge of theft or illegal
possession of stolen things when the thing of value is $500 or more but less than $1,000 if
all of the following exist:
(1)The officer has reasonable grounds to believe that the person will appear upon
summons.
(2)The officer has no reasonable grounds to believe that the person will cause injury to
himself or another or damage to property or will continue in the same or a similar
offense unless immediately arrested and booked.
(3)There is no necessity to book the person to comply with routine identification
procedures.
(4)If the officer issues a summons for a felony, the officer issuing the summons has
ascertained that the person has no prior criminal convictions.
Proposed law provides that the peace officer may make an arrest instead of issuing a written
summons if any of the following exist:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-1011 ORIGINAL
HB NO. 560
(1)Reasonable grounds to believe that the person will not appear upon summons.
(2)Reasonable grounds to believe that the person will cause injury to himself or another
or damage to property or will continue in the same or a similar offense unless
immediately arrested and booked.
(3)It is a necessity to book the person to comply with routine identification procedures.
(4)The officer issuing the summons has ascertained that the person has prior criminal
convictions.
Present law provides that a peace officer may issue a written summons instead of making
an arrest when he has reasonable grounds to believe a person has committed the offense of
issuing worthless checks and all of the following exist:
(1)He has reasonable grounds to believe that the person will appear upon summons.
(2)He has no reasonable grounds to believe that the person will cause injury to himself
or another or damage to property unless immediately arrested.
Proposed law provides that a peace officer may make an arrest instead of issuing a written
summons when he has reasonable grounds to believe a person has committed the offense of
issuing worthless checks if any of the following exist:
(1)He has reasonable grounds to believe that the person will not appear upon summons.
(2)He has reasonable grounds to believe that the person will cause injury to himself or
another or damage to property unless immediately arrested.
(Amends C.Cr.P. Art. 211)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.