2021 Legislative Update - Arrest Changes
The Louisiana Legislature enacted a great number of new statutes and changes to the law during the 2021 Regular Session. For the next few weeks, we’ll be writing about some of the changes that might directly impact our clients in the future.
Effective August 1, 2021, the Louisiana Legislature has expanded the circumstances under which an officer shall be required to issue a summons rather than arrest someone charged with a misdemeanor and some felony offenses. The prior version of the law gave an officer permission to issue a summons instead of arresting an individual when the arrest was made without a warrant and for an offense which is a misdemeanor or felony charge of theft or illegal possession of stolen things with a value of more than $500 but less than $1,000, under certain circumstances. The change in the law now requires the officer to issue a summons rather than arrest the individual unless:
(a) The officer has reasonable grounds to believe that the person will not appear upon summons.
(b) 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.
(c) There is no a necessity to book the person to comply with routine identification procedures.
(d) The officer has ascertained that the person has two or more prior criminal felony convictions.
Louisiana Code of Criminal Procedure Article 211(A)(1). The change further requires the officer to issue a summons rather than arrest the offender for the offense of issuing worthless checks in violation of La. R.S. 14:71 unless either of the following conditions exist:
(a) He has reasonable grounds to believe that the person will not appear upon summons.
(b) He has no reasonable grounds to believe that the person will cause injury to himself or another or damage to property unless immediately arrested.
La. CCrP. Art. 211(B)(1).
Additional changes to arrest procedure were made in La. R.S. 40:2405.9 and La. CCrP Art. 223. The first requires The Council on Peace Officer Standards and Training to develop guidelines for officers regarding how to deal with minor children of arrestees at the time of arrest. Article 223 establishes procedures that officers must follow to determine if a minor child will be affected by the arrestee’s arrest and require officers to:
“Inquire whether the person is a parent or guardian of a minor or dependent child under the care, custody, or control of the arrested person at the time of the arrest, who may be at risk as a result of the arrest.”
“Ascertain whether a child is present…”
“Permit an arrested person a reasonable opportunity, including providing access to telephone numbers stored in a mobile telephone or other location, to make alternate arrangements for the care of a child under his care, custody, or control, including a child who is not present at the scene of the arrest…”
“Provide an arrested person the opportunity to speak with a child who is present, prior to such caregiver being transported to a police facility” or, if not practical, having the police officer explain to the child “that the child did nothing wrong and will be safe and cared for.”
The statute also states that officers are not required to comply with the above requirements if the arrestee presents a physical threat to himself, the officers, or the child; if he has been arrested for a crime of violence (as defined by La. R.S. 14:2); or if the officer has exercised due diligence and ascertained that no minor child is under the arrestee’s care, custody, or control.
If you or someone you know has been arrested and would like to set up a consult, please give us a call at (318) 459-9111.