SSHB560 4274 3784
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 560 2021 Regular Session Emerson
CRIMINAL/PROCEDURE: Provides relative to the issuance of summons by an officer in
lieu of arrest
Synopsis of Senate Amendments
1.Require that an officer issue a summons in lieu of arrest for certain offenses
unless one or more conditions exist.
2.Increase the amount of prior felony convictions that an officer considers before
making an arrest from none to two.
3.Make technical changes.
Digest of Bill as Finally Passed by Senate
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 is to issue a written summons instead of making
an arrest unless one or more of the following conditions 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 two or more
prior felony 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.
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(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 is to issue a written summons instead of making
an arrest unless either of the following conditions 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(A)(1) and (B)(1))
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