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:
(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)