Louisiana Code of Criminal Procedure 211.1 – Persons with outstanding warrant; arrest or release of person
Terms Used In Louisiana Code of Criminal Procedure 211.1
- Arrest: Taking physical custody of a person by lawful authority.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Summons: Another word for subpoena used by the criminal justice system.
A. Notwithstanding the provisions of Article 203, or any other provision of law to the contrary, when a peace officer stops a person who has an outstanding warrant or an attachment for failing to comply with a summons to appear in court on a misdemeanor offense, including a traffic offense, the officer in his discretion, may issue a summons based on such warrant or attachment in lieu of making an arrest if the warrant or attachment is issued in the jurisdiction where the detention occurs, or release the person or arrest the person pursuant to the provisions of Article 207, if the warrant or attachment was issued outside the jurisdiction where the detention occurs.
B. Any summons issued pursuant to this Article shall be in writing and shall be issued and signed by a magistrate or a peace officer in the name of the state. It shall state the offense charged and the name of the alleged offender, and shall command him to appear before the court designated in the summons at the time and place stated in the summons and to show proof that the obligation of the outstanding warrant has been fulfilled. A duplicate original of the summons shall be forwarded by the peace officer or a designee of the officer’s employing agency to the court that issued the initial warrant within seventy-two hours, excluding weekends, of the issuance of the summons.
C. The provisions of this Article shall not apply to any of the following circumstances:
(1) When the information available to the officer indicates that the warrant or attachment was issued for any of the following offenses:
(a) Any offense involving the operation of a vehicle while intoxicated.
(b) Any offense involving the use or possession of a weapon.
(c) Any offense involving the use of force or violence, except the crime of simple battery unless the warrant or attachment indicates that the battery was prosecuted as a domestic abuse battery as defined in La. Rev. Stat. 14:35.3.
(d) Any offense or bench warrant issued involving the failure to pay a legal child support obligation.
(2) When the offender has an outstanding felony warrant.
D. In addition to any other legal remedies provided by law, any officer of the court may seek the collection of past due court costs, fines, or fees associated with the judicial system from state or federal tax refunds by sending notice to the federal secretary of the treasury or to the state treasurer that a person owes past due court costs, fines, or fees associated with the judicial system. The officer of the court shall comply with all rules and regulations imposed by the federal secretary of the treasury or the state treasurer including payment of any fee assessed by the secretary of the treasury or the state treasurer for the cost of applying the offset procedure.
Added by Acts 1981, No. 244, §1; Acts 2011, No. 403, §1.