HB 1038: LAW ENFORCEMENT: Provides relative to the authority of a marshal to issue commissions to deputy marshals - Louisiana

HB1038 Original → HB1038 Act 866 · 7 edits

MODERATE

This bill transforms the role of city marshals from limited administrative officers into full peace officers with the same powers as regular law enforcement. It grants marshals authority to execute arrest warrants, conduct investigations, and detain individuals, while establishing specific limits on marshals in small municipalities (under 40,000 people) unless they also serve as the chief of police.

Scope change

The bill significantly expands the scope of authority for marshals, adding powers previously held only by sheriffs and police chiefs, while simultaneously creating new restrictions for marshals in smaller jurisdictions.

ENFORCEMENT

New powers granted to marshals to execute arrest warrants, conduct criminal investigations, and detain individuals for civil and criminal violations.

Marshals are granted immunity from liability when acting as peace officers, similar to other law enforcement officers.

DEFINITION

Marshals are now explicitly defined as 'peace officers' with the full authority of regular law enforcement officers.

REQUIREMENT

Marshals in cities with populations of 40,000 or fewer are restricted from exercising general law enforcement powers unless they also serve as the chief of police.

Marshals in small municipalities must coordinate with other law enforcement agencies for arrests and cannot obtain commissions from other agencies within their territory.

Local governing authorities must now insure deputy marshals and notify the marshal annually about the maximum number of commissions that can be issued.

EXCEPTIONS

Marshals serving as chief of police are exempt from the new restrictions placed on marshals in small municipalities.

HB1038 Enrolled → HB1038 Original · 5 edits

MODERATE

This bill significantly restructures the authority of city marshals and their deputies. It shifts the power to appoint deputies from the marshal alone to a joint decision between the marshal and the local governing authority. Additionally, it mandates that the local government must insure any approved deputy marshal and sets a salary cap ensuring deputies cannot earn more than their supervisor.

Scope change

The bill narrows the scope of general law enforcement powers for marshals in smaller cities (under 40,000 people) by explicitly prohibiting them from conducting traffic stops or criminal investigations without a warrant, unless the local government grants specific permission.

REQUIREMENT

Changed the appointment process so that deputy marshals now require approval from the local governing authority, rather than just the marshal.

Added a new requirement that the local governing authority must provide insurance coverage for any approved deputy marshal.

Added a salary cap provision stating that a deputy marshal's salary cannot exceed the salary of the city marshal.

ENFORCEMENT

Modified the powers of marshals in smaller cities to explicitly forbid general law enforcement activities like traffic stops and warrantless arrests unless authorized by ordinance.

FISCAL

Added provisions allowing marshals to use funds from criminal court costs to pay for deputy salaries or hire additional deputies.

HB1038 Reengrossed → HB1038 Enrolled · 6 edits · May 31, 2026

MODERATE

The bill was finalized into its enrolled version, converting the draft text into official law. Substantively, the law now clearly defines marshals as peace officers with specific arrest powers limited to civil processes, direct contempt, and violations occurring in the city court's presence. It also grants marshals additional authority during declared emergencies and special events, while explicitly excluding marshals who also serve as chief of police from these expanded powers.

Scope change

The scope of the law was expanded to explicitly include marshals as peace officers with powers comparable to regular law enforcement officers, specifically during emergencies and special events, whereas previous drafts had less clear definitions of these powers.

DEFINITION

Marshals and their deputies are now explicitly defined as peace officers with the full authority of regular state law enforcement officers, subject to specific exceptions.

ENFORCEMENT

Arrest powers were clarified to be limited to executing civil orders, handling direct contempt in city court, or arresting for violations occurring within the city court's presence or grounds.

New authority was granted for marshals to act as full law enforcement officers during declared state emergencies and permitted special events.

ELIGIBILITY

A specific exemption was added stating that marshals who also serve as the chief of police are excluded from these expanded peace officer powers.

REQUIREMENT

The requirement for local governing authorities to notify marshals about the maximum number of commissions was updated to reflect population thresholds of 40,000 or less.

Marshals serving populations of 40,000 or less are now restricted from exercising general law enforcement, traffic stops, or warrantless arrests.

HB1038 Engrossed → HB1038 Reengrossed · 2 edits · May 27, 2026

MINOR

The bill was reengrossed to add a new exemption for marshals in jurisdictions with a population of 40,000 or more, effectively limiting the new deputy marshal rules to smaller areas. The sponsor list was also updated to include Representative Fontenot alongside Representative Boyer.

Scope change

The bill now excludes marshals in jurisdictions with a population of 40,000 or more from the new requirements regarding deputy marshal commissions and insurance.

SCOPE

Added an exemption stating the law does not apply to marshals in jurisdictions with a population of 40,000 or more based on the latest census.

SPONSORSHIP

Updated the bill sponsor list to include both Representatives Boyer and Fontenot.

LAW ENFORCEMENT: Provides relative to the authority of a marshal to issue commissions to deputy marshals

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