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HB1038 • 2026

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

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

Healthcare
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Chad Boyer
Last action
2026-06-09
Official status
Signed by the Governor - Act 866
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

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

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

What This Bill Does

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

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Filed

Plain English: SSHB1038 4274 3926 HOUSE SUMMARY OF SENATE AMENDMENTS HB 1038 2026 Regular Session Boyer LAW ENFORCEMENT: Provides relative to the authority of a marshal to issue commissions to deputy marshals Synopsis of Senate Amendments 1.

  • SSHB1038 4274 3926 HOUSE SUMMARY OF SENATE AMENDMENTS HB 1038 2026 Regular Session Boyer LAW ENFORCEMENT: Provides relative to the authority of a marshal to issue commissions to deputy marshals Synopsis of Senate Amendments 1.
  • Removes proposed law relative to approval of the local governing authority to issue deputy marshal commissions.
  • 2.
  • Removes proposed law relative to payment of premiums for liability insurance and healthcare insurance.
Draft

Plain English: HCAHB1038 4274 3729 HOUSE COMMITTEE AMENDMENTS 2026 Regular Session Amendments proposed by House Committee on Administration of Criminal Justice to Original House Bill No.

  • HCAHB1038 4274 3729 HOUSE COMMITTEE AMENDMENTS 2026 Regular Session Amendments proposed by House Committee on Administration of Criminal Justice to Original House Bill No.
  • 1038 by Representative Boyer 1 AMENDMENT NO.
  • 1 2 On page 1, at the end of line 3, insert "to provide for a limitation;" 3 AMENDMENT NO.
  • 2 4 On page 1, line 13, after "authority." and before "Each" insert "The minimum amount of 5 insurance coverage shall be three million dollars.
Filed

Plain English: 2026 Regular Session Sequence: 1747 HBS AMENDED BY SENATE TO BE CONCURRED IN HB 1038 BY BOYER CONCUR IN SENATE AMENDMENTS Date: 5/29/2026 Time: 2:25:23 PM ROLL CALL The roll was called with the following result: YEAS Mr.

  • 2026 Regular Session Sequence: 1747 HBS AMENDED BY SENATE TO BE CONCURRED IN HB 1038 BY BOYER CONCUR IN SENATE AMENDMENTS Date: 5/29/2026 Time: 2:25:23 PM ROLL CALL The roll was called with the following result: YEAS Mr.
  • Speaker Adams Amedee Bacala Bamburg Beaullieu Berault Billings Boudreaux Bourriaque Boyd Boyer Brass Braud Broussard Bryant Butler Carlson Carrier Carter, W.
  • Carver Chenevert Coates Cox Crews Deshotel Dewitt Dickerson Domangue Echols Edmonston Egan Farnum Firment Fisher Fontenot Freeman Freiberg Gadberry Galle Geymann Glorioso Green Hebert Henry, C.
  • Henry, D.
Filed

Plain English: 2026 Regular Session Sequence: 618 HBS FINAL PASSAGE HB 1038 BY BOYER AMENDMENT # 4166 BY FIRMENT MOTION TO ADOPT Date: 4/21/2026 Time: 3:16:02 PM ROLL CALL The roll was called with the following result: YEAS Amedee Carter, W.

  • 2026 Regular Session Sequence: 618 HBS FINAL PASSAGE HB 1038 BY BOYER AMENDMENT # 4166 BY FIRMENT MOTION TO ADOPT Date: 4/21/2026 Time: 3:16:02 PM ROLL CALL The roll was called with the following result: YEAS Amedee Carter, W.
  • Dewitt Echols Farnum Firment Galle Geymann Johnson, M.
  • LaCombe McCormick Miller Schamerhorn Wilder Wyble Total -- 15 NAYS Adams Bacala Bagley Bamburg Bayham Berault Billings Boudreaux Bourriaque Boyd Boyer Brass Braud Broussard Butler Carlson Carpenter Carrier Carter, R.
  • Carver Chassion Coates Cox Crews Deshotel Dickerson Domangue Edmonston Egan Fisher Fontenot Freiberg Gadberry Glorioso Green Henry, C.
Filed

Plain English: HFAHB1038 4274 4167 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS 2026 Regular Session Amendments proposed by Representative Amedee to Engrossed House Bill No.

  • HFAHB1038 4274 4167 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS 2026 Regular Session Amendments proposed by Representative Amedee to Engrossed House Bill No.
  • 1038 by Representative Boyer 1 AMENDMENT NO.
  • 1 2 On page 1, line 4, after "limitation;" and before "and" insert "to provide for exceptions;" 3 AMENDMENT NO.
  • 2 4 On page 1, at the beginning of line 9, change "B.(1)" to "B.(1)(a)" 5 AMENDMENT NO.
Filed

Plain English: HFAHB1038 4274 4166 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS 2026 Regular Session Amendments proposed by Representative Firment to Engrossed House Bill No.

  • HFAHB1038 4274 4166 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS 2026 Regular Session Amendments proposed by Representative Firment to Engrossed House Bill No.
  • 1038 by Representative Boyer 1 AMENDMENT NO.
  • 1 2 On page 1, line 4, after "limitation;" and before "and" insert "to provide for exceptions;" 3 AMENDMENT NO.
  • 2 4 On page 1, at the beginning of line 9, change "B.(1)" to "B.(1)(a)" 5 AMENDMENT NO.
Filed

Plain English: HFAHB1038 4274 4165 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS 2026 Regular Session Amendments proposed by Representative Wilford Carter to Engrossed House Bill No.

  • HFAHB1038 4274 4165 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS 2026 Regular Session Amendments proposed by Representative Wilford Carter to Engrossed House Bill No.
  • 1038 by Representative Boyer 1 AMENDMENT NO.
  • 1 2 On page 1, line 4, after "limitation;" and before "and" insert "to provide for exceptions;" 3 AMENDMENT NO.
  • 2 4 On page 1, at the beginning of line 9, change "B.(1)" to "B.(1)(a)" 5 AMENDMENT NO.
Adopted

Plain English: HFAHB1038 4274 4161 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS 2026 Regular Session Amendments proposed by Representative Mike Johnson to Engrossed House Bill No.

  • HFAHB1038 4274 4161 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS 2026 Regular Session Amendments proposed by Representative Mike Johnson to Engrossed House Bill No.
  • 1038 by Representative Boyer 1 AMENDMENT NO.
  • 1 2 On page 1, line 4, after "limitation;" and before "and" insert "to provide for exceptions;" 3 AMENDMENT NO.
  • 2 4 On page 1, at the beginning of line 9, change "B.(1)" to "B.(1)(a)" 5 AMENDMENT NO.
Adopted

Plain English: HCAHB1038 4274 3759 HOUSE COMMITTEE AMENDMENTS 2026 Regular Session Amendments proposed by House Committee on Administration of Criminal Justice to Original House Bill No.

  • HCAHB1038 4274 3759 HOUSE COMMITTEE AMENDMENTS 2026 Regular Session Amendments proposed by House Committee on Administration of Criminal Justice to Original House Bill No.
  • 1038 by Representative Boyer 1 AMENDMENT NO.
  • 1 2 On page 1, at the end of line 3, insert "to provide for a limitation;" 3 AMENDMENT NO.
  • 2 4 On page 1, line 13, after "authority." and before "Each" insert "The minimum amount of 5 insurance coverage shall be three million dollars.
Adopted

Plain English: SFAHB1038 539 4227 SENATE FLOOR AMENDMENTS 2026 Regular Session Amendments proposed by Senator Miller to Reengrossed House Bill No.

  • SFAHB1038 539 4227 SENATE FLOOR AMENDMENTS 2026 Regular Session Amendments proposed by Senator Miller to Reengrossed House Bill No.
  • 1038 by Representative Boyer 1 AMENDMENT NO.
  • 1 2 Delete the set of Senate Committee Amendments (#3910) proposed by the Senate 3 Committee on Judiciary B and adopted by the Senate on May 19, 2026.
  • 4 AMENDMENT NO.
Adopted

Plain English: SCAHB1038 539 3910 SENATE COMMITTEE AMENDMENTS 2026 Regular Session Amendments proposed by Senate Committee on Judiciary B to Reengrossed House Bill No.

  • SCAHB1038 539 3910 SENATE COMMITTEE AMENDMENTS 2026 Regular Session Amendments proposed by Senate Committee on Judiciary B to Reengrossed House Bill No.
  • 1038 by Representative Boyer 1 AMENDMENT NO.
  • 1 2 On page 1, line 2, change "R.S.
  • 13:1881(B)" to "R.S.
Draft

Plain English: SCAHB1038 539 3824 SENATE COMMITTEE AMENDMENTS 2026 Regular Session Amendments proposed by Senate Committee on Judiciary B to Reengrossed House Bill No.

  • SCAHB1038 539 3824 SENATE COMMITTEE AMENDMENTS 2026 Regular Session Amendments proposed by Senate Committee on Judiciary B to Reengrossed House Bill No.
  • 1038 by Representative Boyer 1 AMENDMENT NO.
  • 1 2 On page 1, line 2, change "R.S.
  • 13:1881(B)" to "R.S.
Draft

Plain English: SCAHB1038 539 3075 SENATE COMMITTEE AMENDMENTS 2026 Regular Session Amendments proposed by Senate Committee on Judiciary B to Reengrossed House Bill No.

  • SCAHB1038 539 3075 SENATE COMMITTEE AMENDMENTS 2026 Regular Session Amendments proposed by Senate Committee on Judiciary B to Reengrossed House Bill No.
  • 1038 by Representative Boyer 1 AMENDMENT NO.
  • 1 2 On page 1, line 2, change "R.S.
  • 13:1881(B)" to "R.S.

Bill History

  1. 2026-06-09 H

    Effective date: 01/01/2027.

  2. 2026-06-09 H

    Signed by the Governor. Becomes Act No. 866.

  3. 2026-06-01 H

    Sent to the Governor for executive approval.

  4. 2026-06-01 S

    Signed by the President of the Senate.

  5. 2026-05-31 H

    Enrolled and signed by the Speaker of the House.

  6. 2026-05-29 H

    Read by title, roll called, yeas 97, nays 1, Senate amendments concurred in.

  7. 2026-05-29 H

    Scheduled for concurrence on 05/29/2026.

  8. 2026-05-28 H

    Received from the Senate with amendments.

  9. 2026-05-27 S

    The amended bill was read by title, passed by a vote of 31 yeas and 7 nays, and ordered returned to the House. Motion to reconsider tabled.

  10. 2026-05-27 S

    Called from the Calendar.

  11. 2026-05-25 S

    Read by title and returned to the Calendar, subject to call.

  12. 2026-05-25 S

    Senate floor amendments read and adopted.

  13. 2026-05-25 S

    Rules suspended.

  14. 2026-05-20 S

    Reported without Legislative Bureau amendments. Read by title and passed to third reading and final passage.

  15. 2026-05-19 S

    Committee amendments read and adopted. Read by title and referred to the Legislative Bureau.

  16. 2026-05-18 S

    Reported with amendments.

  17. 2026-04-27 S

    Read second time by title and referred to the Committee on Judiciary B.

  18. 2026-04-22 S

    Received in the Senate. Read first time by title and placed on the Calendar for a second reading.

  19. 2026-04-21 H

    Read third time by title, amended, roll called on final passage, yeas 93, nays 8. Finally passed, title adopted, ordered to the Senate.

  20. 2026-04-20 H

    Scheduled for floor debate on 04/21/2026.

  21. 2026-04-15 H

    Read by title, amended, ordered engrossed, passed to 3rd reading.

  22. 2026-04-14 H

    Reported with amendments (8-2).

  23. 2026-03-31 H

    Read by title, recommitted to the Committee on Administration of Criminal Justice.

  24. 2026-03-31 H

    Discharged from the Committee on Judiciary.

  25. 2026-03-31 H

    Read by title, under the rules, referred to the Committee on Judiciary.

  26. 2026-03-30 H

    Read by title. Lies over under the rules.

Official Summary Text

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

Current Bill Text

Read the full stored bill text 
ENROLLED
ACT No. 8662026 Regular Session
HOUSE BILL NO. 1038
BY REPRESENTATIVES BOYER AND FONTENOT
1 AN ACT
2 To amend and reenact R.S. 13:1881(A) and R.S. 40:2402(introductory paragraph) and (3)(b)
3 and to enact R.S. 13:1881(C) through (F), relative to marshals; to provide relative to
4 the authority and powers of the marshal and deputy marshals; to provide for duties
5 of local governing authorities; to provide for exceptions; to provide relative to the
6 definition of "peace officer"; to provide for an effective date; and to provide for
7 related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 13:1881(A) is hereby amended and reenacted and R.S. 13:1881(C)
10 through (F) are hereby enacted to read as follows:
11 A. The city or ward marshal is shall be the executive officer of the court; he
12 and shall execute the orders and mandates of the court and in the. In the execution
13 thereof of these orders and mandates, and in making arrests and preserving the peace,
14 he has the same powers and authority of a sheriff. the city or ward marshal shall be
15 considered a peace officer as defined in R.S. 40:2402 with all the powers and
16 authority of regular law enforcement officers of this state except as provided in
17 Subsections C and D of this Section. The city or ward marshal and his deputy
18 marshals shall be considered officers of a public entity for the purposes of immunity
19 from liability as provided in R.S. 9:2793.1.
20 * * *
21 C.(1) Notwithstanding any provision of law to contrary, any city or ward
22 marshal who serves a population of forty thousand or less as provided in the most
23 recent federal decennial census has, along with his deputy marshals, the following
24 enumerated powers:
Page 1 of 4
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HB NO. 1038 ENROLLED
1 (a) Execution of attachments, bench warrants, or any other orders of arrest
2 issued by a city court within the territorial jurisdiction of the marshal.
3 (b) Detainment or the taking into custody of an individual only when
4 reasonably necessary to effectuate the service or execution of any of the following:
5 (i) Civil writs.
6 (ii) Notices of eviction.
7 (iii) Orders of seizure or attachment.
8 (iv) Any other civil process lawfully issued by a city court.
9 (c) Detainment or effecting the arrest of an individual upon order of the city
10 court for acts occurring in the city court's presence or on the grounds of the city court
11 that constitute direct contempt.
12 (d) Detainment or effecting the arrest of an individual for any violation of
13 Title 14 or 40 of the Louisiana Revised Statutes of 1950 or a local or municipal
14 ordinance in the city court's presence or on the grounds of the city court.
15 (2) In any declared state of emergency issued by both the governor and the
16 local governing authority pursuant to R.S. 29:721 et seq., the city or ward marshal
17 and his deputy marshals have all the powers and authority of regular law
18 enforcement officers of this state during the duration of any emergency or until such
19 declaration has ceased.
20 (3) In any permitted special event, the city or ward marshal shall coordinate
21 with the local governing authority that permitted the event and has all of the powers
22 and authority of regular law enforcement officers of this state during the event. The
23 city or ward marshal and each deputy marshal shall coordinate with the local
24 governing authority that permitted the event for coordination of law enforcement
25 duties and responsibilities.
26 (4) Nothing in this Subsection limits the city or ward marshal or his deputy
27 marshals from engaging in public services that include but are not limited to
28 locksmithing, escorts for funeral processions, and duties as a traffic control officer.
29 (5) This Subsection shall not apply to any marshal who also serves as the
30 chief of police for the municipality.
Page 2 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 1038 ENROLLED
1 D.(1) Unless expressly authorized by the local governing authority where the
2 city or ward marshal has territorial jurisdiction, no city or ward marshal or deputy
3 marshal who serves a population of forty thousand or less as provided in the most
4 recent federal decennial census shall do any of the following:
5 (a) Exercise general law enforcement authority.
6 (b) Conduct traffic stops, criminal investigations, or arrests without a warrant
7 for alleged violations of criminal law.
8 (c) Execute arrest warrants issued by any court other than the city court of
9 the marshal's territorial jurisdiction.
10 (d) Obtain a commission from any law enforcement agency that has primary
11 jurisdiction over the area of the marshal's territorial jurisdiction.
12 (2) Nothing in this Subsection shall prohibit a city or ward marshal or deputy
13 marshal from requesting assistance from or coordinating with any of the following:
14 (a) State law enforcement agencies.
15 (b) Parish sheriffs offices.
16 (c) Municipal police departments.
17 (3) Any arrest powers exercised in coordination with the law enforcement
18 agencies described in Paragraph (2) of this Subsection shall be carried out solely by
19 the authorized law enforcement agency unless otherwise provided by law.
20 (4) Any city or ward marshal or deputy marshal who acts outside the scope
21 of authority provided in this Subsection may be held civilly liable for his actions.
22 (5) This Subsection shall not apply to any city or ward marshal who also
23 serves as the chief of police for the municipality.
24 E.(1) Nothing in Subsection D of this Section shall prohibit any local
25 governing authority from enacting an ordinance that confers a city or ward marshal
26 or deputy marshal with the same powers and duties as a peace officer as provided in
27 Subsection A of this Section.
28 (2) If a city marshal's jurisdiction extends into a ward, the local governing
29 authority where the city court is domiciled shall serve as the governing authority
30 authorized to enact an ordinance that confers a marshal or deputy marshal with the
Page 3 of 4
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HB NO. 1038 ENROLLED
1 same powers and duties as a peace officer as provided in Subsection A of this
2 Section.
3 F. Nothing in this Section shall affect, impair, or restrict the supplemental
4 pay that a city or ward marshal or deputy marshal shall be entitled to pursuant to R.S.
5 40:1667.1.
6 Section 2. R.S.40:2402(introductory paragraph) and (3)(b) are hereby amended and
7 reenacted to read as follows:
8 §2402. Definitions
9 As used in this Chapter, the following terms have the following meanings:
10 * * *
11 (3)
12 * * *
13 (b)(i) "Peace officer" shall also include those sheriff's deputies whose duties
14 include the care, custody, and control of inmates.
15 (ii) "Peace officer" shall also include any deputy marshal of a city or ward
16 marshal as provided in R.S. 13:1881.
17 * * *
18 Section 3. This Act shall become effective on January 1, 2027.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 4 of 4
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are additions.