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license or with a driver's license that has been revoked, suspended, or cancelled.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.