There is a newer version
of
the Code of Criminal Procedure
2021 Louisiana Laws
Code of Criminal Procedure
TITLE I
PRELIMINARY PROVISIONS AND
- 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 or electronic 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 Repealed by Acts 1999, No. 718, 1.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
- 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,
TITLE IV
- 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. 162.3. No-knock warrant
- 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. 223. Identification of minor or dependent children upon arrest; required inquiry; guidelines
- 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
- 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
- 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. Posting bail when arrested outside of originating jurisdiction
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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; duties of the court and defense counsel
- 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
- 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; 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
- 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
- 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
- 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
- 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;
- 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
- 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 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
- 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, pornography involving juveniles, or unlawful posting of criminal activity for notoriety and publicity; 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
- 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. 732.2. Subpoena duces tecum regarding human trafficking offenses
- 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
- 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
- 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
- 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
TITLE XXVII. PRESENCE OF DEFENDENT
- Art. 831. Presence of defendant when prosecution is for felony
- Art. 832. Continued presence not required
- Art. 833. Presence of defendant; misdemeanor prosecution
- 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
- 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
- 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
- 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
NOTE: Art. 875.1 eff. until Aug. 1, 2022. See Acts 2021, No. 313.
NOTE: Art. 875.2 as enacted by Acts 2021, No. 313, eff. Aug. 1, 2022.
- Art. 875.2. 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
- 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
- Art. 924. Definitions
- Art. 924.1. Effect of appeal
- Art. 925. Venue
- Art. 926. Petition
- Art. 926.1. Application for DNA testing
- Art. 926.2. Factual innonence
- Art. 926.3. Motion for testing of evidence
- 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
- Art. 930.10. Departure from this Title; post conviction plea agreements
TITLE XXXII
- 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
- Art. 958. Suspension of time limitations in declared disaster, emergency, or public health emergency
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
- 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.
Disclaimer: These codes may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
