HLS 22RS-88 ENGROSSED
2022 Regular Session
HOUSE BILL NO. 409
BY REPRESENTATIVE MARINO
CRIMINAL/PROCEDURE: Prohibits the issuance of a summons in lieu of an arrest for
certain domestic violence crimes
1 AN ACT
2To enact Code of Criminal Procedure Article 211(E), relative to summons by an officer
3 instead of arrest and booking; to provide an exception to the issuance of a summons
4 by an officer instead of arrest and booking when certain domestic violence crimes
5 have occurred; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Criminal Procedure Article 211(E) is hereby enacted to read as
8follows:
9 Art. 211. Summons by officer instead of arrest and booking
10 * * *
11 E. The provisions of this Article shall not apply when the officer has
12 reasonable grounds to believe a person committed the offense of domestic abuse
13 battery, battery of a dating partner, violation of a protective order, stalking, or any
14 other offense involving the use or threatened use of force or a deadly weapon upon
15 the defendant's family members, as defined in R.S. 46:2132, upon the defendant's
16 household member, as defined in R.S. 14:35.3, or upon the defendant's dating
17 partner, as defined in R.S. 46:2151.
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-88 ENGROSSED
HB NO. 409
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 409 Engrossed 2022 Regular Session Marino
Abstract: Prohibits the issuance of a written summons instead of making custodial arrests
in the occurrence of certain domestic violence crimes.
Present law requires a peace officer to issue a summons in lieu of making a custodial arrest
in the following situations unless certain present law elements exist:
(1)For a person without a warrant for a misdemeanor or felony charge of theft or illegal
possession of stolen things.
(2)For a person who is believed to have committed the offense of issuing worthless
checks as defined by R.S. 14:71.
(3)For a person who is believed to have committed an offense of driving without a valid
driver's license or with a driver's license that has been revoked, suspended, or
cancelled.
Proposed law retains present law and specifies that a peace officer may not issue written
summons instead of making custodial arrests in the occurrence of certain domestic violence
crimes, including but not limited to domestic abuse battery, battery of a dating partner, and
stalking.
(Adds C.Cr.P. Art. 211(E))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Add the present law crime of battery of a dating partner to the proposed law
exception to the issuance of a summons by an officer.
2. Make technical corrections.
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.