RÉSUMÉ DIGEST
ACT 621 (HB 409) 2022 Regular Session Marino
Existing law requires a peace officer to issue a summons in lieu of making a custodial arrest
in the following situations unless certain existing 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driver's license or with a driver's license that has been revoked, suspended, or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.
New law retains existing law and provides 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.
Effective August 1, 2022.
(Adds C.Cr.P. Art. 211(E))