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HB 1038

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

2026 Regular Session Introduced by Chad Boyer and 1 co-sponsor

HB 1038 lets marshals appoint deputy marshals with equal powers, under local approval, mandatory $3M insurance, and funding/limits handled by local authorities.

Effective date: 01/01/2027.
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WeVote Research Nonpartisan
Bill Summary · HB 1038

Bill Summary: HB 1038 (2026, Louisiana)

Title

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

Purpose and intent

  • Authorizes a marshal to appoint one or more deputy marshals who have the same powers and authority as the marshal, subject to approval by the local governing authority that has territorial jurisdiction.
  • Establishes responsibilities and funding related to deputymarshal arrangements, including insurance requirements and compensation.

Key provisions and changes

  • Appointment authority

    • The marshal may appoint deputy marshals who are credentialed and possess the same powers as the marshal.
    • Deputy marshals require approval from the local governing authority where the marshal has territorial jurisdiction.
    • The provision does not apply to elected city marshals who also serve as the chief of police.

  • Insurance and funding

    • Any approved deputy marshal must be insured by the local governing authority.
    • Minimum insurance coverage for a deputy marshal is $3,000,000.
    • The marshal shall pay, from fees collected by the court of the marshal’s territorial jurisdiction, the costs necessary to insure deputy marshals, unless otherwise mutually agreed with the local governing authority.

  • Maximum number of deputy commissions

    • Each local governing authority must notify its respective marshal at the beginning of each fiscal year of the maximum number of deputy commissions that may be issued.

  • Jurisdictional provisions (ward considerations)

    • If the marshal’s jurisdiction extends into a ward, the governing authority with the greater population (as shown by the most recent federal decennial census) will have decision-making authority over the maximum number of allowable commissions.

  • Salary and compensation (deputy marshals)

    • Compensation for deputy marshals is fixed and paid by the governing authorities of the city or parish (or all governing authorities) where the court has territorial jurisdiction.
    • The city marshal may use available funds (including proceeds from criminal costs as allowed by law) to pay deputy marshals or to hire additional deputies.
    • The salary of a deputy marshal may not exceed the salary of the city marshal.

Who is affected

  • Marshals with territorial jurisdiction who may appoint deputy marshals.
  • Deputy marshals who become credentialed and receive authority and powers equal to the marshal, contingent on approval and insurance.
  • Local governing authorities (cities/parishes) responsible for approving deputy marshals, providing insurance, and funding deputy salaries.
  • Ward residents in situations where jurisdiction crosses wards, with population-based decision rights.

Procedural and timeline aspects

  • Local governing authorities must:
    • Approve deputy marshals and determine the maximum number of commissions each fiscal year.
    • Notify the marshal at the start of each fiscal year regarding commission limits.
  • If jurisdiction extends into a ward, population-based authority determines the maximum commissions.
  • The bill amends R.S. 13:1881(B) and becomes effective per standard legislative process (amendments adopted by the House); the action history indicates ongoing consideration in 2026.

Summary of amendments (House Committee)

  • Sets minimum deputy insurance at $3,000,000.
  • Requires marshal to fund insurance costs from court fees collected in the marshal’s jurisdiction.
  • Clarifies that the policy does not apply to elected city marshals who also serve as police chiefs.
  • Adds technical clarifications.

Bottom line

HB 1038 expands the authority of marshals to appoint deputy marshals with equal powers, subject to local approval and mandatory insurance, while detailing funding sources and annual limits on commissions. It distinctively places funding and oversight responsibilities on local governing authorities and aligns compensation with existing municipal/parish funding structures.

Compiled from official sources — confirm details with the bill’s official record.

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