RÉSUMÉ DIGEST
ACT 240 (HB 560) 2021 Regular Session Emerson
Prior law authorized a peace officer to 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 was $500 or more but less than $1,000 if all of the
following existed:
(1)The officer had reasonable grounds to believe that the person would appear upon
summons.
(2)The officer had no reasonable grounds to believe that the person would cause injury
to himself or another or damage to property or would continue in the same or a
similar offense unless immediately arrested and booked.
(3)There was no necessity to book the person to comply with routine identification
procedures.
(4)If the officer issued a summons for a felony, the officer issuing the summons had
ascertained that the person had no prior criminal convictions.
New law requires the peace officer 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.
Prior law authorized a peace officer to issue a written summons instead of making an arrest
when he had reasonable grounds to believe a person had committed the offense of issuing
worthless checks and all of the following existed:
(1)He had reasonable grounds to believe that the person would appear upon summons.
(2)He had no reasonable grounds to believe that the person would cause injury to
himself or another or damage to property unless immediately arrested.
New law requires a peace officer 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.
Effective August 1, 2021.
(Amends C.Cr.P. Art. 211(A)(1) and (B)(1))