Louisiana law limits police powers of smaller-community marshals

City and ward marshals serving populations of 40,000 or less, and their deputies, have specified powers to carry out city court orders and handle certain incidents. The population limit is 40,000 or less, based on the most recent federal census; the rules cover the marshal and deputy marshals. They may take someone into custody only when reasonably necessary to carry out specified civil papers, or as allowed for specified conduct in court or on court grounds. A marshal who also serves as the municipality's police chief is excluded from these population-based rules. The law takes effect January 1, 2027.

The law restricts certain police actions by smaller-community marshals and deputies unless the local governing authority expressly authorizes them. These rules cover city or ward marshals serving populations of 40,000 or less, based on the most recent federal census, and their deputies. The restricted actions include general law enforcement, traffic stops, criminal investigations, warrantless arrests for alleged crimes, out-of-area arrest warrants, and obtaining a commission from the agency with primary jurisdiction. Marshals may request help from state, parish, or municipal law enforcement. Those agencies carry out arrests unless another law provides otherwise; a marshal acting outside the allowed authority may be held civilly liable. The restrictions do not apply to a marshal who also serves as the municipality's police chief. The law takes effect January 1, 2027.

During a jointly declared emergency or a permitted special event, marshals and their deputies have the powers of regular state law enforcement officers under the stated conditions. The provisions concern city or ward marshals and their deputy marshals. An emergency must be declared by both the governor and the local governing authority; the powers last while the emergency continues or until the declaration ends. For a permitted special event, the marshal must coordinate with the local governing authority that permitted it; the marshal and deputies coordinate law enforcement duties with that authority. Emergency powers last during the emergency or until the declaration ends; event powers apply during the event. The law takes effect January 1, 2027.

The law includes city and ward deputy marshals in the state's definition of peace officer and permits local officials to grant marshals and deputies the same peace officer powers and duties described in the law. The peace officer definition includes any deputy marshal of a city or ward marshal; the ordinance provision applies to city or ward marshals and their deputies. A local governing authority may grant those powers and duties by ordinance. If a city marshal's jurisdiction extends into a ward, the governing authority where the city court is located may enact the ordinance. The law takes effect January 1, 2027.