There Is a Newer Version
of
the Code of Criminal Procedure
2019 Louisiana Laws
Code of Criminal Procedure
TITLE I PRELIMINARY PROVISIONS AND GENERAL POWERS OF COURTS
CHAPTER 1. PRELIMINARY PROVISIONS AND RULES OF CONSTRUCTION
- Art. 1. Short title; citation of Code
- Art. 2. Purpose and construction
- Art. 3. Procedures not otherwise specified
- Art. 4. Number; gender
- Art. 5. Mandatory and permissive language
- Art. 6. Conjunctive, disjunctive, or both
- Art. 7. Municipal and parochial officers included
- Art. 8. Assistants and deputies included
- Art. 9. References to Code articles or statutory sections
- Art. 10. Article headings, source notes, and comments not part of law
- Art. 11. Clerical and typographical errors disregarded
- Art. 12. Pleading a statute
- Art. 13. Computation of time
- Art. 14. Oath or affirmation in criminal proceedings; witness
- Art. 14.1. Filing of pleadings and documents by facsimile transmission
CHAPTER 2. APPLICATION OF CODE
CHAPTER 3. INHERENT POWERS OF COURTS; CONTEMPT
- Art. 16. Jurisdiction and powers of courts
- Art. 17. Inherent power and authority of courts
- Art. 18. Adoption of local rules of court
- Art. 19. Special sessions of court
- Art. 20. Contempt of court; kinds of contempt
- Art. 21. Direct contempt
- Art. 22. Procedure for punishing direct contempt
- Art. 22.1. Direct contempt; fingerprinting and photographing; exceptions
- Art. 23. Constructive contempt
- Art. 24. Procedure for punishing constructive contempt
- Art. 25. Penalties for contempt
- Art. 25.1. Appointment of interpreter for non-English-speaking persons
CHAPTER 4. PEACE BONDS
- Art. 26. Power to order peace bonds
- Art. 27. Application for peace bond; examination
- Art. 28. Issuance of summons or warrant of arrest
- Art. 29. Peace bond hearing; costs
- Art. 30. The peace bond
- Art. 31. Failure to give peace bond; effect
- Art. 32. Forfeiture of peace bond
- Art. 33. Automatic discharge
TITLE II DISTRICT ATTORNEY AND ATTORNEY GENERAL
- Art. 61. District attorney; powers and duties
- Art. 62. Authority of attorney general; supervision of district attorney
- Art. 63. District attorney; assistance of other counsel
- Art. 64. Relationship of district attorney with grand jury
- Art. 65. Defense of prosecution unlawful
- Art. 66. Subpoena of witness to appear before attorney general and district attorney
- Art. 67. Repealed by Acts 1999, No. 718, 1.
TITLE III THE CORONER AND OTHER OFFICERS
CHAPTER 1. THE CORONER
- Art. 101. Abolition of coroner's jury and inquest; investigation by coroner
- Art. 102. Autopsy
- Art. 103. Subpoena of witnesses; testimony; subpoena duces tecum; issuance
- Art. 104. Employment of expert assistants
- Art. 105. Coroner's report; admissibility in evidence
- Art. 106. Arrest of criminal suspect
CHAPTER 2. CLERKS, SHERIFFS, CONSTABLES, AND MARSHALS
TITLE IV SEARCH WARRANTS
- Art. 161. Property subject to seizure
- Art. 162. Issuance of warrant; affidavit; description
- Art. 162.1. Warrant issued upon oral testimony
- Art. 162.2. Warrant issued upon electronic testimony
- Art. 163. Officer to whom directed; time for execution; electronic devices
- Art. 163.1. Search of a person for bodily samples; warrants; execution
- Art. 164. Means and force in executing warrant
- Art. 165. Authority of peace officer in executing a search warrant
- Art. 166. Receipt for seized property
- Art. 167. Custody of seized property; disposition
TITLE V ARREST
- Art. 201. Arrest defined
- Art. 202. Warrant of arrest; issuance
- Art. 203. Form and contents of warrant
- Art. 204. Execution of warrant
- Art. 205. Effective period
- Art. 206. Procedure when warrant defective
- Art. 207. Procedure when arrest made for offense triable in another parish
- Art. 208. Summons; defined
- Art. 209. When summons may be issued by magistrate
- Art. 210. Service of summons
- Art. 211. Summons by officer instead of arrest and booking
- Art. 211.1. Persons with outstanding warrant; arrest or release of person
- Art. 211.2. Contempt; attachment of arrest for failing to appear; summons by peace officer instead of arrest
- Art. 211.3. Summons by officer instead of arrest and booking; improper supervision of a minor by parent or legal guardian
- Art. 211.4. Repealed by Acts 2011, No. 403, §2.
- Art. 211.5. Repealed by Acts 2011, No. 403, §2.
- Art. 211.6. Repealed by Acts 2011, No. 403, §2.
- Art. 212. Securing jurisdiction over corporation, partnership, or other unincorporated association
- Art. 213. Arrest by officer without warrant; when lawful
- Art. 214. Arrest by private person; when lawful
- Art. 215. Detention and arrest of shoplifters
- Art. 215.1. Temporary questioning of persons in public places; frisk and search for weapons
- Art. 215.2. Detaining of persons on premises of correctional institution for questioning about contraband; detention for arrest
- Art. 216. Time and place of making arrest
- Art. 217. Method of arrest by officer under warrant
- Art. 218. Method of arrest without warrant
- Art. 218.1. Advice of reasons for arrest or detention and of rights
- Art. 219. Officer may summon assistance
- Art. 220. Submission to arrest; use of force
- Art. 221. Blood and saliva testing
- Art. 222. Blood and saliva testing; expedited, nonincriminating procedure
- Art. 224. Forcible entry in making arrest
- Art. 225. Duty of peace officer as to weapons and incriminating articles
- Art. 226. Duty of private person after making arrest
- Art. 227. Rearrest after escape
- Art. 227.1. Prevention of escape; use of force
- Art. 228. Booking of arrested person, submission of booking information summary
- Art. 228.1. Disposal of property of prisoners; Orleans Parish
- Art. 228.2. Disposal of property of prisoners; Orleans Parish excepted
- Art. 228.3. Disposal of unclaimed property seized in any criminal investigation; Orleans Parish excepted
- Art. 228.4. Disposal of noncontraband unclaimed property seized in criminal investigations
- Art. 229. Duties of officer in charge
- Art. 230. Rights of person arrested
- Art. 230.1. Maximum time for appearance before judge for the purpose of appointment of counsel; court discretion to fix bail at the appearance; extension of time limit for cause; effect of failure of appearance
- Art. 230.2. Probable cause determinations; persons arrested without a warrant and continued in custody; bail
- Art. 231. Close pursuit of person from another state; authority to arrest
- Art. 232. Same; arrested person taken before judge for hearing
- Art. 233. Electronic signature of offender; requirements
TITLE V-A. EYEWITNESS IDENTIFICATION PROCEDURES
TITLE VI EXTRADITION
- Art. 261. Special definitions
- Art. 262. Extradition of wanted criminals
- Art. 262.1. Extradition of persons not physically present in demanding state at the time of commission of crime
- Art. 263. Form of demand for extradition; necessary papers
- Art. 264. Investigation of demand by governor
- Art. 265. Governor's warrant; issuance and recitals
- Art. 266. Governor's warrant; execution and recall
- Art. 267. Rights of accused; extradition hearing
- Art. 268. Issues at extradition hearing; resulting orders
- Art. 269. Arrest prior to demand for extradition; issuance of warrant
- Art. 270. Commitment to await extradition
- Art. 271. Bail in extradition cases
- Art. 272. Persons under criminal prosecution or sentence in this state at time of requisition
- Art. 273. Waiver of extradition proceedings
- Art. 274. Application for issuance of requisition
- Art. 275. Application for return of wanted fugitive
- Art. 276. Documents to be filed with application for requisition
- Art. 277. Appointment of agents to receive prisoner
- Art. 278. Re-extradition agreements
- Art. 279. Extradition costs and expenses
- Art. 280. Immunity of extradited person from service of process in civil actions
- Art. 281. No right of asylum or immunity from other criminal prosecutions
TITLE VII PRELIMINARY EXAMINATION
- Art. 291. Authority to conduct preliminary examinations
- Art. 292. Order for preliminary examination before and after indictment
- Art. 293. Time for examination; procurement of counsel
- Art. 294. Examination of witnesses; transcript of testimony
- Art. 295. Admissibility of transcripts in other proceedings
- Art. 296. Scope of preliminary examination before and after indictment
- Art. 297. Transmission of transcripts and other evidence
- Art. 298. Effect of informality in proceedings
TITLE VIII. BAIL
- Art. 311. Definitions
- Art. 312. Right to bail before and after conviction
- Art. 313. Gwen's Law; bail hearings; detention without bail
- Art. 313.1. Detention of noncitizen defendant pending bail hearing
- Art. 314. Authority to fix bail; bail order
- Art. 315. Schedules of bail
- Art. 316. Factors in fixing amount of bail
- Art. 317. Organization performing or providing pretrial services
- Art. 318. Juvenile records in fixing bail
- Art. 319. Modifications of bail
- Art. 320. Conditions of bail undertaking
- Art. 321. Types of bail; restrictions
- Art. 322. Commercial surety
- Art. 323. Secured personal surety
- Art. 324. Unsecured personal surety
- Art. 325. Bail without surety
- Art. 325.1. Repealed by Acts 1983, No. 256, 1.
- Art. 326. Cash deposits
- Art. 327. Those who may not be sureties
- Art. 327.1. Repealed
- Art. 328. Bail undertaking
- Art. 329. Declaration of residence; waiver of notice
- Art. 330. Notice of defendant's required appearance
- Art. 330.1. Repealed
- Art. 330.2. Repealed
- Art. 330.3. Repealed
- Art. 331. Discharge of bail obligation
- Art. 332. Court order for arrest of defendant
- Art. 333. Failure to appear; issuance of arrest warrant
- Art. 334. Notice of warrant of arrest
- Art. 334.1. Repealed
- Art. 334.2. Repealed
- Art. 334.3. Repealed
- Art. 334.4. Repealed
- Art. 334.5. Repealed
- Art. 334.6. Repealed
- Art. 335. Repealed
- Art. 335.1. Repealed
- Art. 335.2. Repealed
- Art. 336. Proof necessary at bond forfeiture hearing
- Art. 336.1. Repealed
- Art. 336.2. Repealed
- Art. 337. Interruption of the period for obtaining a bond forfeiture judgment
- Art. 338. Cases of nonforfeiture
- Art. 339. Notice of judgment
- Art. 340. Recordation of judgment
- Art. 341. Appeals
- Art. 342. Enforcement of judgment
- Art. 343. Repealed
- Art. 344. Repealed
- Art. 345. Repealed
- Art. 346. Repealed
- Art. 347. Repealed
- Art. 348. Repealed
- Art. 349. Repealed
- Art. 349.1. Repealed
- Art. 349.2. Repealed
- Art. 349.3. Repealed
- Art. 349.4. Repealed
- Art. 349.5. Repealed
- Art. 349.6. Repealed
- Art. 349.7. Repealed
- Art. 349.8. Repealed
- Art. 349.9. Repealed
TITLE IX HABEAS CORPUS
- Art. 351. Habeas corpus; definition
- Art. 352. Venue
- Art. 353. Application for writ; form and contents
- Art. 354. Granting of writ; time and place for answer
- Art. 355. Persons authorized to make service; proof of service
- Art. 356. Method of service
- Art. 357. Answer; production of person in custody
- Art. 358. Transfer of custody; answer
- Art. 359. Nonproduction of person confined; justification
- Art. 360. Hearing
- Art. 361. Custody without court order
- Art. 362. Custody with court order
- Art. 363. Effect of appeal
- Art. 364. New warrant; when issued
- Art. 365. Burden of proof
- Art. 366. Custody pendente lite
- Art. 367. Rearrest after discharge
- Art. 368. Disobedience of writ or judgment; contempt
- Art. 369. Appeal not permitted
- Art. 370. Custody pending application for writs
TITLE X INSTITUTING CRIMINAL PROSECUTIONS
- Art. 381. Nature of criminal prosecution
- Art. 382. Methods of instituting criminal prosecutions
- Art. 383. Indictment
- Art. 384. Information
- Art. 385. Affidavit
- Art. 386. Institution of prosecution after discharge at preliminary examination; after failure of grand jury to indict
- Art. 387. Additional information required when prosecuting certain offenses
TITLE XI QUALIFICATIONS AND SELECTION OF GRAND AND PETIT JURORS
- Art. 401. General qualifications of jurors
- Art. 401.1. Court instructions for interpreter
- Art. 402. Repealed by Acts 1974, Ex.Sess., No. 20, 1, eff. January 1, 1975
- Art. 403. Exemption from jury service
- Art. 403.1. Disqualification for undue hardship
- Art. 404. Appointment of jury commissions; term of office; oath; quorum; performance of functions of jury commissions in certain parishes
- Art. 404.1. Powers, duties, and functions of the board of jury commissioners in Orleans Parish
- Art. 405. Notice of jury commission meetings
- Art. 406. Powers of jury commission; penalty for disobedience of commission process
- Art. 407. Administration of oath to witnesses
- Art. 408. Selection of general venire in parishes other than Orleans
- Art. 408.1. Initial selection of general venire; source
- Art. 409. Selection of general venire in Orleans Parish
- Art. 409.1. Orleans parish central jury pool
- Art. 409.2. Jefferson Parish central jury pool
- Art. 409.3. Central jury pools; local rules
- Art. 409.4. Nineteenth Judicial District Court central jury pool
- Art. 409.5. One day/one trial jury system
- Art. 410. Revising and supplementing the general venire
- Art. 411. Drawing of grand jury venire; disposition of slips; jury box; subpoena of persons on grand jury venire
- Art. 412. Repealed
NOTE: This provision of law was included in the Unconstitutional Statutes Biennial Report to the Legislature, dated March 14, 2016.
- Art. 413. Method of impaneling of grand jury; selection of foreman
- Art. 414. Time for impaneling grand juries; period of service
- Art. 415. Method of filling vacancies on grand jury
- Art. 415.1. Selection of additional grand juries
- Art. 415.2. Duration of additional grand juries; extension of impanelment
- Art. 416. Drawing petit jury venire in parishes other than Orleans; term of service
- Art. 416.1. One-step qualification/summoning
- Art. 417. Proces verbal; summoning of petit jurors; parishes other than Orleans
- Art. 418. Drawing petit jury venire in Orleans parish; number chosen; term of service; petit jury venire list
- Art. 419. Challenge of venire not permitted except for fraud or irreparable injury or systematic exclusion based on race
- Art. 800. Objection to ruling on challenge for cause
TITLE XII THE GRAND JURY
- Art. 431. Oath of grand jury
- Art. 432. Charge to grand jury
- Art. 433. Persons present during grand jury sessions
- Art. 434. Secrecy of grand jury meetings; procedures for crimes in other parishes
- Art. 434.1. Exceptions to grand jury secrecy
- Art. 435. Meetings of grand jury
- Art. 436. The foreman; rules of procedure
- Art. 437. Inquiry into offenses; authority and duties
- Art. 438. Duty of grand juror having knowledge of offense; investigation
- Art. 439. Subpoena of witnesses to appear before the grand jury
- Art. 439.1. Witnesses; authority to compel testimony and evidence
- Art. 440. Administration of oath to witnesses
- Art. 441. Administration of oath to other persons
- Art. 442. Evidence to be received by grand jury
- Art. 443. When indictment to be found
- Art. 444. Action by grand jury
TITLE XIII INDICTMENT AND INFORMATION
CHAPTER 1. INDICTMENT FORMS
- Art. 461. Special definitions
- Art. 462. Form of grand jury indictment
- Art. 463. Form of information
- Art. 464. Nature and contents of indictment
- Art. 465. Specific indictment forms
CHAPTER 2. SPECIAL ALLEGATIONS
- Art. 466. Name of defendant
- Art. 467. Naming corporation, partnership or other unincorporated association
- Art. 468. Date and time
- Art. 469. Venue and place
- Art. 470. Value, price, or damage
- Art. 471. Ownership
- Art. 472. General intent
- Art. 473. Identification of victim
- Art. 474. Property described as money
- Art. 475. Description of written instruments and printed objects
- Art. 476. Description of spoken or written matter
- Art. 477. Meaning of words and phrases
- Art. 478. Judgments and other determinations
- Art. 479. Exceptions
- Art. 480. Conjunctive charging
- Art. 481. Theft
- Art. 482. Alternative offenses; special joinder rules
- Art. 483. Allegations of prior convictions
CHAPTER 3. BILL OF PARTICULARS
- Art. 484. Bill of particulars
- Art. 485. Effect of inconsistent or limiting allegations of bill of particulars
CHAPTER 4. DEFECTS; AMENDMENT
- Art. 486. Repugnancy; surplusage
- Art. 487. Defective indictment; amendment
- Art. 487.1. Indictment for driving while intoxicated; amendment
- Art. 488. Variances; amendment
- Art. 489. Continuance where amendment prejudicial
CHAPTER 5. JOINDER RULES
- Art. 490. Counts
- Art. 491. Arts. 491, 492 Repealed by Acts 1975, No. 528, 1
- Art. 493. Joinder of offenses
- Art. 493.1. Joinder of misdemeanors; penalties
- Art. 493.2. Joinder of felonies; mode of trial
- Art. 494. Joinder of defendants
- Art. 495. Objections to misjoinder
- Art. 495.1. Severance of offenses
CHAPTER 6. PROCEDURE AFTER INDICTMENT
- Art. 496. Warrant of arrest on indictment or information
- Art. 497. Summons in misdemeanor cases
- Art. 498. Copy of indictment or information
- Art. 499. AIDS testing of the accused
TITLE XIV RIGHT TO COUNSEL
- Art. 511. Right to counsel
- Art. 512. Assignment of counsel in capital cases
- Art. 513. Assignment of counsel in other cases
- Art. 514. Minute entry regarding counsel
- Art. 515. Substitution of counsel
- Art. 516. Belated pleas and motions; when authorized
- Art. 517. Joint representation of co-defendants; duty of court
TITLE XIV-A PRETRIAL MOTIONS
- Art. 521. Time for filing of pretrial motions
- Art. 522. Hearings on motions; audio-visual appearance
- Art. 523. Notice for hearing of pretrial motions; dismissal
TITLE XV MOTION TO QUASH
- Art. 531. Motion to quash; nature of motion
- Art. 532. General grounds for motion to quash
- Art. 533. Special grounds for motion to quash grand jury indictment
- Art. 534. Special grounds for motion to quash information
- Art. 535. Time to file motion to quash
- Art. 536. Form and contents of motion to quash; place to file
- Art. 537. Trial of issues arising on motion to quash
- Art. 538. Effect of sustaining motion to quash
TITLE XVI. ARRAIGNMENT AND PLEAS
- Art. 551. Arraignment of defendant
- Art. 551.1. Substitution of railroad defendant at arraignment
- Art. 552. Pleas at the arraignment
- Art. 553. Method of pleading
- Art. 554. Effect of failure to plead
- Art. 555. Waivers
- Art. 556. Plea of guilty or nolo contendere in misdemeanor cases; duty of court
- Art. 556.1. Plea of guilty or nolo contendere in felony cases; duty of court
- Art. 557. Plea of guilty in capital cases
- Art. 558. Plea of guilty of lesser included offense
- Art. 558.1. Adjudication of not guilty by reason of insanity
- Art. 559. Withdrawal or setting aside of plea of guilty
- Art. 560. Change of plea of not guilty to guilty
- Art. 561. Change of plea of "not guilty" to "not guilty and not guilty by reason of insanity"
- Art. 562. Use of simultaneous audio-visual transmission for certain proceedings
TITLE XVII TIME LIMITATIONS
CHAPTER 1. LIMITATIONS UPON INSTITUTION OF PROSECUTION
- Art. 571. Crimes for which there is no time limitation
- Art. 571.1. Time limitation for certain sex offenses
- Art. 572. Limitation of prosecution of noncapital offenses
- Art. 573. Running of time limitations; exception
- Art. 573.1. Running of time limitations; exception; exploitation of persons with infirmities
- Art. 573.2. Running of time limitations; exception; video voyeurism
- Art. 573.3. Running of time limitations; exception; crimes against the Firefighters' Retirement System
- Art. 574. Conviction and punishment for lesser offenses; limitations applicable
- Art. 575. Interruption of time limitations
- Art. 575.1. Suspension of time limitations; crimes against the Firefighters' Retirement System
- Art. 576. Filing of new charges upon dismissal of prosecution
- Art. 577. Pleading of limitation; burden of proof
CHAPTER 2. LIMITATIONS UPON TRIAL
- Art. 578. General rule
- Art. 579. Interruption of time limitation
- Art. 580. Suspension of time limitations
- Art. 581. Expiration of limitations; motion to quash; effect
- Art. 582. Time limitations; effect of new trial
- Art. 583. Interruption of time limitation where new trial
TITLE XVIII DOUBLE JEOPARDY
- Art. 591. Double jeopardy; definition
- Art. 592. When jeopardy begins
- Art. 593. Method of pleading
- Art. 594. Method of trial; time for disposition
- Art. 595. Double jeopardy; when not applicable
- Art. 596. Requirements for double jeopardy
- Art. 597. Prosecution in other jurisdiction
- Art. 598. Effect of verdict
TITLE XIX JURISDICTION AND VENUE
- Art. 611. Venue; trial where offense committed
- Art. 612. Offenses on railway trains, vessels, aircraft, or other vehicles
- Art. 613. Jurisdiction of court where body of water is parish boundary
- Art. 614. Venue where offense committed within one hundred feet of parish boundary
- Art. 615. Improper venue; pleading
TITLE XX CHANGE OF VENUE
- Art. 621. Motion; form; time for filing
- Art. 622. Grounds for change of venue
- Art. 623. Change granted; transfer
- Art. 623.1. Capital cases; transfer of jury
- Art. 624. Grant of change of venue; procedure
- Art. 625. Transfer of defendant in custody
- Art. 626. Change of venue where defendant is on bail
- Art. 627. Appeals
TITLE XXI INSANITY PROCEEDINGS
CHAPTER 1. MENTAL INCAPACITY TO PROCEED
- Art. 641. Mental incapacity to proceed defined
- Art. 642. How mental incapacity is raised; effect
- Art. 643. Order for mental examination
- Art. 644. Appointment of sanity commission; examination of defendant
- Art. 644.1. Sanity proceedings for juvenile defendants transferred to criminal court
- Art. 645. Report of sanity commission
- Art. 646. Examination by physician retained by defense or district attorney
- Art. 647. Determination of mental capacity to proceed
- Art. 648. Procedure after determination of mental capacity or incapacity
- Art. 648.1. Information required prior to admission
- Art. 649. Procedure when capacity regained
- Art. 649.1. Prescribed medication; administration
CHAPTER 2. DEFENSE OF INSANITY AT TIME OF OFFENSE
- Art. 650. Mental examination after plea of insanity
- Art. 651. When defense of insanity at time of offense is available; method of trial
- Art. 652. Burden of proof
- Art. 653. Testimony of members of sanity commission
- Art. 654. Legal effect of acquittal on ground of insanity; commitment
- Art. 654.1. Information required prior to admission
- Art. 655. Application for discharge or release on probation; review panel
- Art. 656. Additional mental examinations
- Art. 657. Discharge or release; hearing
- Art. 657.1. Conditional release; criteria
- Art. 657.2. Conditional release; additional requirements
- Art. 658. Probation; conditional release; reporting
CHAPTER 3. COSTS
- Art. 659. Costs of mental examinations prior to commitment
- Art. 660. Institutional costs after commitment
CHAPTER 4. PROGRESS REPORTS
TITLE XXII RECUSATION OF JUDGES AND DISTRICT ATTORNEYS
CHAPTER 1. RECUSATION OF JUDGES
- Art. 671. Grounds for recusation of judge
- Art. 672. Recusation on court's own motion; by supreme court
- Art. 673. Judge may act until recused
- Art. 674. Procedure for recusation of trial judge
- Art. 675. Selection of judge ad hoc to try motion to recuse
- Art. 676. Judge ad hoc to try case when judge recused
- Art. 677. Supreme court appointment of judge ad hoc
- Art. 678. Recusation of judge ad hoc
- Art. 679. Recusation of an appellate judge and a supreme court justice
CHAPTER 2. RECUSATION OF DISTRICT ATTORNEYS; DISTRICT ATTORNEY AD HOC
- Art. 680. Grounds for recusation of district attorney
- Art. 681. Procedure for recusation of district attorney
- Art. 682. Appointment of substitute for a recused district attorney
- Art. 683. Disability or absence of district attorney
- Art. 683.1. Costs of prosecution and investigation
CHAPTER 3. REVIEW OF RECUSATION RULING
TITLE XXIII DISMISSAL OF PROSECUTION
- Art. 691. Dismissal of prosecution by district attorney
- Art. 692. Dismissal of indictment after conviction
- Art. 693. Effect of dismissal
TITLE XXIV. PROCEDURES PRIOR TO TRIAL
CHAPTER 1. SETTING CASES FOR TRIAL
CHAPTER 2. MOTION TO SUPPRESS EVIDENCE
CHAPTER 3. SEVERANCE AND CONSOLIDATION
CHAPTER 4. CONTINUANCE
- Art. 707. Motion for continuance; time for filing
- Art. 708. Continuance and recess; definitions
- Art. 709. Continuance based on absence of a witness
- Art. 710. Prevention of continuance by admission of adverse party
- Art. 711. Trial of motion
- Art. 712. Discretionary grounds
- Art. 713. Peremptory grounds
- Art. 714. Continuance to defendants jointly indicted
- Art. 715. Continuance to definite date or indefinitely
CHAPTER 5. DISCOVERY AND INSPECTION
PART A. DISCOVERY BY THE DEFENDANT
- Art. 716. Statements by the defendant, codefendants, and witnesses
- Art. 717. Disclosure by the state; criminal records of defendant and witnesses; inducements to the state's witnesses
- Art. 718. Documents and tangible objects
- Art. 718.1. Evidence of obscenity, video voyeurism, or pornography involving juveniles; prohibition on reproduction of pornography involving juveniles
- Art. 719. Reports of examinations and tests
- Art. 720. Evidence of other crimes
- Art. 721. Statements of coconspirators
- Art. 722. Confessions and statements of codefendants
- Art. 723. State reports and other matters not subject to disclosure, favorable evidence
PART B. DISCOVERY BY THE STATE
- Art. 724. Documents and tangible objects
- Art. 725. Reports of examinations and tests
- Art. 725.1. Disclosure by the defendant; names of defense witnesses
- Art. 726. Notice of defense based upon mental condition
- Art. 727. Notice of alibi
- Art. 728. Defense information and other matters not subject to disclosure
PART C. REGULATION OF DISCOVERY
- Art. 729. Time and scope of motion by defendant
- Art. 729.1. Court's disposition of motion for discovery; vacation or restriction of order
- Art. 729.2. Time, place and manner of discovery and inspection
- Art. 729.3. Continuing duty to disclose
- Art. 729.4. Pretrial conferences
- Art. 729.5. Failure to comply; sanctions
- Art. 729.6. Applicability of discovery
- Art. 729.7. Protection of witness identity
TITLE XXV. COMPULSORY PROCESS
CHAPTER 1. GENERAL
SECTION; SUBPOENAS
- Art. 731. Issuance of subpoenas
- Art. 732. Subpoena duces tecum
- Art. 732.1. Subpoena duces tecum regarding sex offenses against victims who are minors
- Art. 733. Form
- Art. 734. Service of subpoena by sheriff; investigators
- Art. 735. Types of service
- Art. 736. Return of subpoena by sheriff
- Art. 737. Contempt; attachment of witnesses failing to appear
CHAPTER 2. RESTRICTIONS ON SUBPOENAS
- Art. 738. Number of witnesses allowed
- Art. 739. Indigent defendant
- Art. 740. Restrictions on subpoenas; members of the legislature and personnel
CHAPTER 3. OBTAINING WITNESSES FROM OUTSIDE THE STATE
- Art. 741. Method of obtaining a witness from another state
- Art. 742. Method of summoning a witness in this state to testify in another state
- Art. 743. Exemption from arrest and service of process
- Art. 744. Witness; state; defined
- Art. 745. Uniformity of interpretation
TITLE XXVI TRIAL PROCEDURE
CHAPTER 1. GENERAL PROVISIONS
- Art. 761. Commencement of trial
- Art. 761.1. Homicide victim's picture; possession by family member in courtroom
- Art. 762. Place of sessions of court
- Art. 763. Proceedings on holidays
- Art. 764. Exclusion of witnesses
- Art. 765. Normal order of trial
- Art. 766. Opening statement by state; scope
- Art. 767. Same; prohibition against adverting to confessions
- Art. 768. Same; use of confession or inculpatory statement; notice to defendant prior to opening statement
- Art. 769. Same; effect on introduction of evidence
- Art. 770. Prejudicial remarks; basis of mistrial
- Art. 771. Admonition
- Art. 772. Comment on facts by judge in jury's presence prohibited
- Art. 773. Order of evidence; foundation
- Art. 774. Argument; scope
- Art. 775. Mistrial; grounds for
- Art. 775.1. Automatic stay following order of mistrial
- Art. 776. Oath of witness
- Art. 777. Recordation of proceedings
- Art. 778. Motion for acquittal
CHAPTER 2. TRIAL WITHOUT JURY
- Art. 779. Trial of misdemeanors
- Art. 780. Right to waive trial by jury
- Art. 781. Charges in cases tried without a jury
CHAPTER 3. TRIAL BY JURY
SECTION 1. GENERAL PROVISIONS
- Art. 782. Number of jurors composing jury; number which must concur; waiver
- Art. 783. Excusing, tendering, and attachment of members of the venire
- Art. 784. Method of selecting panel
- Art. 785. Tales jurors
- Art. 786. Examination of jurors
- Art. 787. Disqualification of petit jurors in particular cases
- Art. 788. Tendering jurors
- Art. 789. Alternate jurors
- Art. 790. Swearing of jurors
- Art. 791. Sequestration of jurors and jury
- Art. 792. Selection of foreman
- Art. 793. Use of evidence in jury room; reading of recorded testimony; jurors' notes
- Art. 794. Removal of jury
SECTION 2. CHALLENGES
- Art. 795. Time for challenges; method; peremptory challenges based on race or gender; restrictions
- Art. 796. Removal of juror after swearing
- Art. 797. Challenge for cause
- Art. 798. Causes for challenge by the state
- Art. 799. Number of peremptory challenges
- Art. 799.1. Challenges; use of all available challenges
SECTION 3. CHARGING THE JURY
- Art. 801. Time for charge; when written charge required
- Art. 802. General charge; scope
- Art. 803. Same; charge as to included minor offenses and plea of insanity
- Art. 804. Same; charge as to presumption of innocence, reasonable doubt, and several grades of offense
- Art. 805. Same; charge as to verdict acquitting on account of insanity
- Art. 806. Prohibited charges
- Art. 807. Special written charges
- Art. 808. Manner of giving further charges after jury retires
CHAPTER 4. VERDICTS
- Art. 809. Judge to give jury written list of responsive verdicts
- Art. 810. Form of verdict; delivery of verdict
- Art. 811. Receipt and recordation of verdict
- Art. 812. Same; polling and disposition of jury
- Art. 813. Improper verdict; procedure
- Art. 814. Responsive verdicts; in particular
- Art. 815. Responsive verdicts; in general
- Art. 816. Verdict acquitting on account of insanity
- Art. 817. Qualifying verdicts
- Art. 818. Separate verdict for each defendant
- Art. 819. Separate verdict for each count
- Art. 820. Application of chapter to cases tried without a jury
- Art. 821. Motion for post verdict judgment of acquittal
- Art. 822. Motion for amending or modifying sentence
- Art. 831. Presence of defendant when prosecution is for felony
- Art. 832. Continued presence not required
- Art. 833. Presence of defendant when prosecution is for misdemeanor
- Art. 834. When presence of defendant not necessary
- Art. 835. Presence of defendant at pronouncement of sentence
- Art. 836. Presence of corporation or association
TITLE XXVIII BILL OF EXCEPTIONS
- Art. 841. Bill of exceptions unnecessary; objections required
- Art. 842. Codefendants; presumption as to objections
- Art. 843. Recording of proceedings
- Art. 844. Assignment of errors; sanctions for failure to file timely
- Art. 845. Repealed by Acts 1982, No. 143, 3
TITLE XXIX MOTIONS FOR NEW TRIAL AND IN ARREST OF JUDGMENT
CHAPTER 1. MOTION FOR NEW TRIAL
- Art. 851. Grounds for new trial
- Art. 852. Form, content, and trial of motion for new trial
- Art. 853. Time for filing motion for new trial
- Art. 854. Newly discovered evidence; necessary allegations
- Art. 855. Errors discovered after verdict or judgment of guilty; necessary allegations
- Art. 855.1. Conviction based on acts committed as a victim of trafficking
- Art. 856. Motion to urge all available grounds; exceptions
- Art. 857. Effect of granting new trial
- Art. 858. Review of ruling on motion for new trial
CHAPTER 2. MOTION IN ARREST OF JUDGMENT
- Art. 859. Grounds for arrest of judgment
- Art. 860. Form, content, and trial of motion in arrest
- Art. 861. Time for filing motion in arrest
- Art. 862. Effect of sustaining motion in arrest of judgment
TITLE XXX. SENTENCE
CHAPTER 1. GENERAL SENTENCING PROVISIONS
- Art. 871. Sentence defined; pronouncing and recording of sentence; certification of conviction
- Art. 871.1. Sentencing orders to be sent to Louisiana Protective Order Registry
- Art. 871.2. Presentence inquiry of veteran status
- Art. 872. Basis for valid sentence
- Art. 873. Delay between conviction and sentence
- Art. 874. Prompt sentence required; relief by writs
- Art. 875. Presentence investigation; juvenile records; drug screening; veterans
- Art. 875.1. Determination of substantial financial hardship to the defendant
- Art. 876. Sentence for crime committed as a child
- Art. 877. Protection of investigation reports
- Art. 878. Cruel or unusual punishment
- Art. 878.1. Sentencing hearing for juvenile offenders
- Art. 879. Determinate sentence required
- Art. 880. Credit for prior custody; limitations
- Art. 881. Amendment of sentence
- Art. 881.1. Motion to reconsider sentence
- Art. 881.2. Review of sentence
- Art. 881.3. Record on review of sentence
- Art. 881.4. Action by appellate court
- Art. 881.5. Correction of illegal sentence by trial court
- Art. 881.6. Reducing a sentence for substantial assistance
- Art. 881.7. Memorandum of understanding; limits on reduction of sentence for substantial assistance by a defendant
- Art. 882. Correction of illegal sentence; review of illegal sentence
- Art. 883. Concurrent and consecutive sentences
- Art. 883.1. Sentences concurrent with sentences of other jurisdictions
- Art. 883.2. Restitution to victim
- Art. 884. Sentence of fine with imprisonment for default
- Art. 885. Release on payment of fine and costs
- Art. 885.1. Suspension of driving privileges; failure to pay criminal fines
- Art. 886. Enforcement of fine by civil process; offset of tax refund
- Art. 886.1. Judgment for fines and costs declared executory; required notice
- Art. 887. Defendant's liability for costs; suspension of costs; no advance costs
- Art. 888. Costs and fines; payment
- Art. 889. Collection and disposition of fines, costs, and forfeitures
- Art. 890. Method of service of sentence of imprisonment; labor and confinement; workday release program
- Art. 890.1. Waiver of minimum mandatory sentences; procedure; exceptions
- Art. 890.2. Fines for individual defendants
- Art. 890.3. Sentencing for crimes of violence
- Art. 891. Forfeiture of weapons
- Art. 892. Post-sentence statement by sheriff; accompanying documents
- Art. 892.1. Driver improvement programs
- Art. 892.2. Notice of controlled dangerous substance conviction; licensing authority
- Art. 892.3. Transfer of foreign nationals or citizens; treaty
CHAPTER 2. SUSPENDED SENTENCE AND PROBATION
- Art. 893. Suspension and deferral of sentence and probation in felony cases
- Art. 893.1. Motion to invoke firearm sentencing provision
- Art. 893.2. Discharge, use, or possession of firearm in commission of a felony or a specifically enumerated misdemeanor; submission to jury
- Art. 893.3. Sentence imposed on felony or specifically enumerated misdemeanor in which firearm was possessed, used, or discharged
- Art. 893.4. Inapplicability to unintentional felonies
- Art. 893.5. Community service in lieu of imprisonment
- Art. 894. Suspension and deferral of sentence; probation in misdemeanor cases
- Art. 894.1. Sentencing guidelines; generally
- Art. 894.2. Home incarceration; requirements
- Art. 894.3. Notice to victim for sentencing
- Art. 894.4. Probation; extension
- Art. 894.5. Submission of DWI - Code of Criminal Procedure Article 894 Plea Records to office of motor vehicles; forms to be used and completed by the clerk of court
- Art. 895. Conditions of probation
- Art. 895.1. Probation; restitution; judgment for restitution; fees
- Art. 895.2. Probation; restitution for values of wildlife
- Art. 895.3. Probationer transferred between states; fees
- Art. 895.4. Probation; fees; certified crime stoppers organizations
- Art. 895.5. Restitution recovery division; district attorneys; establishment
- Art. 895.6. Compliance credits; probation
- Art. 896. Modifying or changing conditions of probation
- Art. 897. Termination of probation or suspended sentence; discharge of defendant
- Art. 898. Satisfaction of suspended sentence and probation
- Art. 899. Arrest or summons for violation of probation
- Art. 899.1. Administrative sanctions for technical violations
- Art. 899.2. Administrative sanctions for technical violations; offenses other than crimes of violence or sex offenses
- Art. 900. Violation hearing; sanctions
- Art. 901. Revocation for commission of another offense
- Art. 901.1. Additional sanctions for probation revocation
- Art. 902. Drug addict; pre-sentence investigation; voluntary treatment; conditions of probation
- Art. 903. Substance abuse probation program; authorization
- Art. 903.1. Substance abuse probation program; eligibility
- Art. 903.2. Substance abuse probation; sentencing
- Art. 903.3. Substance abuse treatment program; cost
CHAPTER 3. SENTENCING IN CAPITAL CASES
- Art. 905. Capital cases; sentencing hearing required; delay; waiver
- Art. 905.1. Sentencing hearing jury; commencement
- Art. 905.2. Sentencing hearing; procedure and evidence; jury instructions
- Art. 905.3. Sentence of death; jury findings
- Art. 905.4. Aggravating circumstances
- Art. 905.5. Mitigating circumstances
- Art. 905.5.1. Intellectual disability
- Art. 905.6. Jury; unanimous determination
- Art. 905.7. Form of determination
- Art. 905.8. Imposition of sentence
- Art. 905.9. Review on appeal
TITLE XXXI APPEAL
CHAPTER 1. GENERAL DISPOSITIONS
- Art. 911. Right to appeal from judgment
- Art. 912. Judgments or rulings appealable
- Art. 912.1. Right of appeal and application for review; defendant
- Art. 913. Effect of appeal
CHAPTER 2. PROCEDURE IN LOWER COURT FOR APPEAL
- Art. 914. Method and time of appeal
- Art. 914.1. Designation of record; payment of costs; sanction
- Art. 915. Action on a motion for appeal; return; notice
- Art. 915.1. Appeals; extension of return date; notice
- Art. 916. Divesting of jurisdiction of trial court
- Art. 917. Record on appeal; preparation
- Art. 918. Record on appeal; certified and dated
- Art. 919. Record on appeal; preparation and delivery of transcripts
- Art. 919.1. Record on appeal; contempt
CHAPTER 3. PROCEDURE IN APPELLATE COURT
- Art. 920. Scope of appellate review
- Art. 921. Matters not grounds for reversal
- Art. 921.1. Notice of decision in criminal appeals
- Art. 922. Finality of judgment on appeal
- Art. 923. Duty of clerk as to final decisions in appellate court
TITLE XXXI-A POST CONVICTION RELIEF
- Art. 924. Definitions
- Art. 924.1. Effect of appeal
- Art. 925. Venue
- Art. 926. Petition
- Art. 926.1. Application for DNA testing
- Art. 927. Procedural objections; answer
- Art. 928. Dismissal upon the pleadings
- Art. 929. Summary disposition
- Art. 930. Evidentiary hearing
- Art. 930.1. Judgment granting or denying relief under Articles 928, 929, and 930
- Art. 930.2. Burden of proof
- Art. 930.3. Grounds
- Art. 930.4. Repetitive applications
- Art. 930.5. Custody pending retrial; bail
- Art. 930.6. Review of trial court judgments
- Art. 930.7. Right to counsel
- Art. 930.8. Time limitations; exceptions; prejudicial delay
- Art. 930.9. Attendance by the petitioner
TITLE XXXII DEFINITIONS
- Art. 931. Courts, judges, and magistrates
- Art. 932. Jurors, juries, and jury venires
- Art. 933. Offenses
- Art. 934. Miscellaneous definitions
TITLE XXXIII. EMERGENCY OR DISASTER PROVISIONS
- Art. 941. Legislative findings
- Art. 942. Definitions
- Art. 943. Preemption of conflicting provisions
- Art. 944. Emergency sessions of court; criteria
- Art. 945. Venue; affected court; emergency sessions; habeas corpus
- Art. 946. Jurisdiction of affected court conducting emergency sessions
- Art. 947. Affected court conducting emergency sessions; authority and powers
- Art. 948. Emergency sessions; length; recision; continuation; extensions
- Art. 949. Court costs and fees
- Art. 950. Authority of district attorney in emergency sessions of court
- Art. 951. Sheriff; law enforcement officer
- Art. 952. Clerk of affected court
- Art. 953. Authority of indigent defender board in emergency sessions of court
- Art. 954. Jury pool; emergency sessions
- Art. 955. Suspension of time limitations in affected courts; ninety days; recision; extensions; exceptions
- Art. 956. Appeals; application for supervisory writs
- Art. 957. Bail during emergency sessions of court; selected offenses
TITLE XXXIV. EXPUNGEMENT OF RECORDS
- Art. 971. Legislative findings
- Art. 972. Definitions
- Art. 973. Effect of expunged record of arrest or conviction
- Art. 974. Dissemination of expunged records by third parties; court order
- Art. 975. Individuals incarcerated; ineligible to file motion to expunge records
- Art. 976. Motion to expunge record of arrest that did not result in a conviction
- Art. 977. Motion to expunge a record of arrest and conviction of a misdemeanor offense
- Art. 978. Motion to expunge record of arrest and conviction of a felony offense
- Art. 979. Service of motion to expunge a record
- Art. 980. Contradictory hearing
- Art. 981. Judgment granting motion to expunge a record of arrest or conviction; execution
- Art. 982. Service of order and judgment of expungement
- Art. 983. Costs of expungement of a record; fees; collection; exemptions; disbursements
- Art. 984. Additional requirements for the expungement of records involving the operation of a vehicle while intoxicated; additional fee
- Art. 985. Expungement by redaction of records with references to multiple individuals
- Art. 985.1. Interim motion to expunge a felony arrest from criminal history in certain cases resulting in a misdemeanor conviction
- Art. 986. Forms for the expungement of records
- Art. 987. Motion to set aside conviction and dismiss prosecution; rule to show cause; order of dismissal forms to be used
- Art. 988. Motion for fee exemption form to be used
- Art. 989. Motion for expungement forms to be used
- Art. 990. Affidavit of response form to be used
- Art. 991. Order form to be used
- Art. 992. Order of expungement form to be used
- Art. 993. Supplemental forms to be used
- Art. 994. Motion for interim expungement form to be used
- Art. 995. Order of interim expungement form to be used
- Art. 996. Submission of expungement records to office of motor vehicles; forms to be used and completed by the clerk of court
TITLE XXXV. DOMESTIC VIOLENCE PREVENTION FIREARM TRANSFER
- Art. 1001. Definitions
- Art. 1001.1. Duties of the sheriff; other law enforcement agencies
- Art. 1002. Transfer of firearms
- Art. 1002.1. Designation of crime of violence against family member, household member, or dating partner
- Art. 1003. Transfer or storage of transferred firearms
- Art. 1003.1. Public records; exception
- Art. 1004. Implementation
- Art. 1021.
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