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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

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Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Chad Boyer
Last action
2026-05-29
Official status
Adopted in House concurrence
Effective date
Not listed

Plain English Breakdown

The bill summary does not provide specific details on how the compensation of deputy marshals is fixed or paid, which was mentioned in the candidate explanation but not supported by the official source material.

Law Enforcement Authority for Marshals to Appoint Deputy Marshals

This bill changes the rules about how marshals can appoint deputy marshals and requires local governing authorities to approve these appointments and provide insurance coverage.

What This Bill Does

  • Allows a marshal to appoint one or more deputy marshals who have the same powers as the marshal, but only with approval from the local governing authority.
  • Requires the local governing authority to insure any approved deputy marshals with at least $3 million in coverage.
  • Makes the marshal responsible for paying insurance costs related to deputy marshals using court fees collected by the territorial jurisdiction.
  • Limits the number of deputy marshal appointments based on notifications from local governing authorities at the start of each fiscal year.

Who It Names or Affects

  • Marshals and their deputy marshals
  • Local governing authorities

Terms To Know

Marshal
A law enforcement officer with specific duties in a defined area, often appointed by local government.
Deputy Marshal
An assistant to the marshal who has similar powers and responsibilities within their jurisdiction.

Limits and Unknowns

  • The bill does not apply to elected city marshals who also serve as chief of police.
  • The provisions do not apply if a marshal's territorial jurisdiction exceeds a population of 40,000 or more according to the most recent federal census.

Amendments

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

Filed

Plain English: The amendment changes the authority of city or ward marshals to issue commissions to deputy marshals, giving them more powers similar to regular law enforcement officers and removing certain requirements.

  • Removes the requirement for local governing authorities' approval to issue deputy marshal commissions.
  • Modifies the role of a city or ward marshal from being like a sheriff to having the same powers as a peace officer.
  • Adds specific conditions under which marshals can exercise full law enforcement powers, such as during declared emergencies and special events.
  • Clarifies that marshals are not limited in providing public services beyond their regular duties.
  • The amendment text does not specify all the details of how these changes will be implemented or enforced.
Draft

Plain English: The amendment adds requirements for insurance coverage and payment responsibilities for deputy marshals, and excludes certain city marshals from the new rules.

  • Adds a minimum insurance requirement of $3 million for deputy marshals.
  • Specifies that the marshal must pay for this insurance using court fees or by agreement with local authorities.
  • Excludes elected city marshals who also serve as chief of police from these provisions.
  • The amendment text does not specify how the insurance requirement will be enforced or what happens if a marshal fails to comply.
Filed

Plain English: The amendment allows the House to agree with changes made by the Senate to HB 1038, which concerns the authority of a marshal to issue commissions to deputy marshals.

  • Allows the House to concur in the amendments made by the Senate regarding the bill on law enforcement and deputy marshal commissions.
  • The official amendment text does not provide specific details about the changes made by the Senate, only that the House is voting to agree with them.
Filed

Plain English: The amendment changes how a marshal can issue commissions to deputy marshals.

  • Allows the marshal to issue commissions to deputy marshals in a new way, which is not fully described in the provided text.
  • The official amendment text does not provide enough information to explain the exact change in detail.
Filed

Plain English: The amendment adds exceptions to certain provisions for specific marshals and makes a minor change to the wording on how these exceptions can be provided.

  • Adds an exception that the rules in Paragraph B do not apply to the Third Ward marshal of Franklin city court and the marshal of Morgan City.
  • Changes 'to provide' after line 4 to 'to provide for exceptions' to clarify the authority given.
  • The amendment text does not specify what exact rules or limitations are being excepted, only that certain marshals are exempt from them.
Filed

Plain English: The amendment adds exceptions to a limitation and makes changes to specific wording and an exception for the marshal of Natchitoches.

  • Adds 'to provide for exceptions' after 'limitation;' in the bill text.
  • Changes 'B.(1)' to 'B.(1)(a)' on line 9 of the bill.
  • Inserts a new paragraph (b) stating that certain provisions do not apply to the marshal of Natchitoches.
  • The amendment text does not provide details about what specific exceptions are being referred to, so it's unclear exactly how this will affect the bill.
Filed

Plain English: The amendment adds exceptions to certain provisions for specific marshals in Lake Charles and Sulphur.

  • Adds a new section (b) after paragraph B.(1) on page 2, which lists exceptions for the Ward Three marshal of Lake Charles and the Ward Four marshal of Sulphur.
  • The amendment text does not provide details about what specific provisions are being excepted or how these exceptions will affect other marshals.
Adopted

Plain English: The amendment adds an exception to a marshal's authority to issue commissions to deputy marshals if the marshal oversees an area with more than forty thousand people.

  • Adds language allowing exceptions to the marshal’s authority to issue commissions when dealing with areas larger than forty thousand residents.
  • The amendment text does not specify what these exceptions are or how they will be applied, which limits understanding of its full impact.
Adopted

Plain English: The amendment adds requirements for insurance coverage and payment by marshals, and excludes certain city marshals from the new rules on issuing commissions.

  • Adds a minimum insurance requirement of $3 million for deputy marshals.
  • Specifies that the marshal must pay for this insurance using court fees collected in their territorial jurisdiction.
  • Excludes elected city marshals who also serve as chief of police from the new commission issuance rules.
  • The amendment text does not specify what happens if there is no mutual agreement between the marshal and local governing authority regarding insurance costs.
Adopted

Plain English: The amendment changes how city or ward marshals and their deputy marshals can perform certain law enforcement tasks, especially in smaller towns with fewer than forty thousand people.

  • Marshals and deputy marshals serving populations of less than forty thousand are given specific powers to execute court orders and maintain peace within their jurisdiction.
  • They have limited authority for general law enforcement unless authorized by local governing authorities.
  • During emergencies or special events, they can act with broader law enforcement powers as coordinated with the local government.
  • The amendment text is complex and includes legal references that are not fully explained here.
  • Some parts of the amendment may be unclear without additional context about Louisiana Revised Statutes.
Adopted

Plain English: The amendment changes how marshals can appoint deputy marshals and limits their authority to specific duties within city courts.

  • Changes the legal references for marshal authority in R.S. 13:1881(B) to include additional sections.
  • Adds new limitations on a marshal's arrest authority, specifying when they can make arrests or detain individuals.
  • Requires marshals and deputy marshals to be insured and mandates that premiums are paid from collected fees unless otherwise agreed upon.
  • Prohibits marshals and deputy marshals from exercising general law enforcement duties without local governing authority approval.
  • The amendment text is complex, and some parts may require further clarification or context to fully understand the implications.
Draft

Plain English: The amendment changes how marshals can appoint deputy marshals and limits their authority to specific duties within city courts.

  • Changes the legal references for marshal authority in R.S. 13:1881(B) to include additional sections.
  • Adds new limitations on a marshal's arrest authority, specifying when they can detain individuals.
  • Specifies that deputy marshals must be P.O.S.T. certified and approved by local governing authorities.
  • Requires marshals to provide insurance for themselves and their deputies.
  • The amendment text is complex and includes many legal references, making it difficult to summarize all changes in simple terms.
Draft

Plain English: The amendment changes how marshals can issue commissions to deputy marshals and limits their authority in various ways.

  • Adds provisions for premium payments for liability and health insurance for marshals and deputy marshals.
  • Limits the arrest authority of marshals and deputy marshals to specific circumstances, such as executing court orders within their territorial jurisdiction.
  • Prohibits marshals from exercising general law enforcement powers or conducting traffic stops without a warrant unless authorized by local governing authorities.
  • The amendment text is complex and includes many legal references that may be difficult to interpret fully without additional context.

Bill History

  1. 2026-05-29 H

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

  2. 2026-05-29 H

    Scheduled for concurrence on 05/29/2026.

  3. 2026-05-28 H

    Received from the Senate with amendments.

  4. 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.

  5. 2026-05-27 S

    Called from the Calendar.

  6. 2026-05-25 S

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

  7. 2026-05-25 S

    Senate floor amendments read and adopted.

  8. 2026-05-25 S

    Rules suspended.

  9. 2026-05-20 S

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

  10. 2026-05-19 S

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

  11. 2026-05-18 S

    Reported with amendments.

  12. 2026-04-27 S

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

  13. 2026-04-22 S

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

  14. 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.

  15. 2026-04-20 H

    Scheduled for floor debate on 04/21/2026.

  16. 2026-04-15 H

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

  17. 2026-04-14 H

    Reported with amendments (8-2).

  18. 2026-03-31 H

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

  19. 2026-03-31 H

    Discharged from the Committee on Judiciary.

  20. 2026-03-31 H

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

  21. 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 
HLS 26RS-2607 REENGROSSED
2026 Regular Session
HOUSE BILL NO. 1038
BY REPRESENTATIVES BOYER AND FONTENOT
LAW ENFORCEMENT: Provides relative to the authority of a marshal to issue
commissions to deputy marshals
1 AN ACT
2 To amend and reenact R.S. 13:1881(B), relative to marshals; to provide relative to the
3 appointment of deputy marshals; to provide for duties of local governing authorities;
4 to provide for a limitation; to provide for exceptions; and to provide for related
5 matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 13:1881(B) is hereby amended and reenacted to read as follows:
8 §1881. General powers and duties of marshal; deputy marshals
9 * * *
10 B.(1)(a) The marshal may appoint one or more deputy marshals having who
11 are credentialed and have the same powers and authority as the marshal, but the
12 subject to approval from the local governing authority where the marshal has
13 territorial jurisdiction. Any deputy marshal who is approved shall be insured by the
14 local governing authority. The minimum amount of insurance coverage shall be three
15 million dollars. The marshal shall pay, from fees collected by the court of his
16 territorial jurisdiction, any costs associated with properly insuring deputy marshals,
17 unless otherwise mutually agreed to by the marshal and the respective local
18 governing authority. Each local governing authority shall notify its respective
19 marshal at the beginning of each fiscal year regarding the maximum number of
20 commissions that may be issued. If a marshal's jurisdiction extends into a ward, the
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-2607 REENGROSSED
HB NO. 1038
1 governing authority with the greater population amount as provided in the most
2 recent federal decennial census shall serve as the governing authority with decision-
3 making authority over the maximum amount of allowable commissions. The
4 marshal shall be is responsible for their the actions of the deputy marshal. The
5 provisions of this Paragraph relative to the issuance of commissions do not pertain
6 to any elected city marshal who also serves as the chief of police.
7 (b) The provisions of this Paragraph do not apply to any marshal with a
8 territorial jurisdiction that exceeds a population of forty thousand or more as
9 provided in the most recent federal decennial census.
10 (2) The compensation of the deputy marshals shall be fixed and paid by the
11 governing authorities of the city or cities or parish, or all governing authorities,
12 where the court has territorial jurisdiction. The city marshal may use funds available
13 for expenses of his office, including proceeds from costs assessed in criminal matters
14 pursuant to R.S. 13:1899, to pay an amount in excess of the fixed salary or to pay the
15 amount fixed or any portion thereof of the fixed salary to deputy marshals or to
16 employ additional deputies. However, nothing Nothing in this Subsection shall
17 authorize authorizes the city marshal to fix or supplement his own salary. In and in
18 no event shall the salary of any deputy exceed that of his city marshal.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 1038 Reengrossed 2026 Regular Session Boyer
Abstract: Authorizes a marshal to issue commissions to deputy marshals and provides for
related compensation.
Present law provides for general powers and duties of a marshal and the appointment of
deputy marshals.
Proposed law amends present law to authorize the marshal to appoint one or more deputy
marshals who are credentialed and have the same powers and authority as the marshal,
subject to approval from the local governing authority where the marshal has territorial
jurisdiction.
Proposed law requires the local governing authority to insure any approved deputy marshal.
Further requires the minimum amount of insurance coverage to be $3 million dollars.
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-2607 REENGROSSED
HB NO. 1038
Proposed law requires the marshal to pay, from fees collected by the court of his territorial
jurisdiction, any costs associated with properly insuring deputy marshals, unless otherwise
mutually agreed to with the respective local governing authority.
Proposed law requires each local governing authority to notify its respective marshal at the
beginning of each fiscal year regarding the maximum number of commissions that may be
issued.
Proposed law provides that if a marshal's jurisdiction extends into a ward, the governing
authority with the greater population amount is the governing authority with decision-
making authority over the maximum amount of allowable commissions.
Proposed law relative to the issuance of commissions does not pertain to any elected city
marshal who also serves as the chief of police.
Proposed law does not apply to any marshal with a territorial jurisdiction that exceeds a
population of 40,000 or more as provided in the most recent federal decennial census.
(Amends R.S. 13:1881(B))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Require the minimum amount of insurance coverage be $3 million.
2. Require the marshal to pay any costs associated with properly insuring deputy
marshals and clarify that the funding source for these costs are fees collected by
the court of the marshal's territorial jurisdiction.
3. Clarify that proposed law relative to the issuance of deputy marshal commissions
does not apply to any elected city marshal who also serves as the chief of police.
4. Make technical changes.
The House Floor Amendments to the engrossed bill:
1. Provide that proposed law does not apply to any marshal with a territorial
jurisdiction that exceeds a population of 40,000 or more as provided in the most
recent federal decennial census.
2. Make technical changes.
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.