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Code of Criminal Procedure

Title XIV. Right to Counsel

Art. 511. Right to counsel

The accused in every instance has the right to defend himself and to have the assistance of counsel.  His counsel shall have free access to him, in private, at reasonable hours.

Art. 512. Assignment of counsel in capital cases

When a defendant charged with a capital offense appears for arraignment without counsel, the court shall provide counsel for his defense in accordance with the provisions of R.S. 15:141 et seq.  Such counsel must be assigned before the defendant pleads to the indictment, but may be assigned earlier.  Counsel assigned in a capital case must have been admitted to the bar for at least five years.  An attorney with less experience may be assigned as assistant counsel.

Amended by Acts 1976, No. 653, §2; Acts 2010, No. 861, §2.

Art. 513. Assignment of counsel in other cases

In the case of an offense punishable by imprisonment, when the defendant appears for arraignment without counsel, the court shall inform him before he pleads to the indictment of his right to have counsel appointed to defend him if he is indigent.  When a defendant states under oath that he desires counsel but is indigent, and the court finds the statement of indigency to be true, before the defendant pleads to the indictment, the court shall provide counsel for the defendant, in accordance with R.S. 15:141 et seq.

Amended by Acts 1974, Ex.Sess. No. 22, §1, eff. Jan. 1, 1975; Acts 1976, No. 653, §2; Acts 2010, No. 861, §2.

Art. 514. Minute entry regarding counsel

The minutes of the court must show either that the defendant was represented by counsel or that he was informed by the court of the defendant's right to counsel, including the right to court-appointed counsel, and that he waived such right.

Amended by Acts 1981, No. 135, §1.

Art. 515. Substitution of counsel

Assignment of counsel shall not deprive the defendant of the right to engage other counsel at any stage of the proceedings in substitution of counsel assigned by the court.  The court may assign other counsel in substitution of counsel previously assigned or specially assigned to assist the defendant at the arraignment.

Art. 516. Belated pleas and motions;  when authorized

When a defendant has pleaded at the arraignment without counsel, counsel subsequently appointed or procured before trial shall be given a reasonable time within which to withdraw any motion, plea, or waiver made by the defendant, and to enter any other motion or plea.

Art. 517. Joint representation of co-defendants;  duty of court

A.  Whenever two or more defendants have been jointly charged in a single indictment or have moved to consolidate their indictments for a joint trial, and are represented by the same retained or appointed counsel or by retained or appointed counsel who are associated in the practice of law, the court shall inquire with respect to such joint representation and shall advise each defendant on the record of his right to separate representation.

B.  Unless it appears that there is good cause to believe that no conflict of interest is likely to arise, the court shall take such measures as may be appropriate to protect each defendant's right to counsel.

Acts 1997, No. 889, §1.

Title XIV-A. Pretrial Motions

Art. 521. Time for filing of pretrial motions

A.  Pretrial motions shall be made or filed within fifteen days after arraignment, unless a different time is provided by law or fixed by the court at arraignment upon a showing of good cause why fifteen days is inadequate.

B.  Upon written motion at any time and a showing of good cause, the court shall allow additional time to file pretrial motions.

C.  If by pretrial motion the state or the defendant requests discovery or disclosure of evidence favorable to the defendant, then the court shall fix a time by which the state or the defendant shall respond to the motion.

Added by Acts 1978, No. 735, §1; Amended by Acts 1981, No. 440, §1; Acts 2012, No. 842, §1.

Art. 522. Hearings on motions;  audio-visual appearance

A.  If provided by local rule of the court, a defendant's appearance at the seventy-two hour hearing and the initial setting of bail may be by simultaneous transmission through audio-visual electronic equipment.

B.  If provided by local rule of the court and approved by the defense counsel, a defendant's appearance at any pretrial motion or at any hearing on a pretrial motion, except as provided in Paragraph A of this Article, may be by simultaneous transmission through audio-visual  electronic equipment.

Acts 1997, No. 1015, §1.

Art. 523. Notice for hearing of pretrial motions;  dismissal

A.  When the court sets a date for a contradictory hearing of any pretrial motion filed by the defendant, in addition to any other method of service provided for by law, notice of the date of such hearing may be served upon the defendant by mailing notice to the counsel of record.

B.  Failure of a defendant who is not incarcerated, or failure of his attorney, to appear for the hearing of a pretrial motion filed by the defendant shall be grounds for dismissal by the court.

C.  On oral or written motion of the district attorney, the court may dismiss the defendant's pretrial motion upon either of the following:

(1)  The second failure to appear by the defendant or his counsel, after actual notice, for the hearing of a pretrial motion filed by the defendant, when the hearing for such motion was previously reset due to the defendant's failure to appear on the date that the hearing was originally set.

(2)  The first failure to appear by the defendant or his counsel, after actual notice, for the hearing of a pretrial motion filed by the defendant, when the defendant has previously failed to appear in court for any other proceeding in the case.

Acts 2010, No. 713, §1.

Title XV. Motion to Quash

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Title XVI. Arraignment and Pleas

Art. 551. Arraignment of defendant

            A. The arraignment consists of the reading of the indictment to the defendant by the clerk in open court, and the court calling upon the defendant to plead. Reading of the indictment may be waived by the defendant at the discretion and with the permission of the court. The arraignment and the defendant's plea shall be entered in the minutes of the court and shall constitute a part of the record.

            B. The court may, by local rule, provide for the defendant's appearance at the arraignment, at the entry of his plea of guilty, or both, by way of simultaneous transmission through audio-visual electronic equipment in accordance with the provisions of Article 562.

            Acts 1990, No. 543, §1; Acts 1990, No. 593, §1; Acts 2017, No. 406, §1.

Art. 551.1. Substitution of railroad defendant at arraignment

A.  Subject to the provisions of Paragraph D, at arraignment and upon verified motion of the railroad employer of an employee-defendant charged with a violation of a parish or municipal ordinance, the railroad employer shall be substituted as defendant in the proceedings in accordance with the provisions of Paragraphs B and C.

B.  Any railroad employer seeking to be substituted as the defendant in any proceeding citing its employee for a violation of any parish or municipal ordinance must file a verified motion setting forth the facts that the defendant is its employee, and at the time of the violation, the defendant was in the employ of the railroad employer and was performing his duties and functions in the course and scope of his employment which caused the violation, in accordance with the rules and regulations or instructions of the employer.

C.  Subject to the provisions of Paragraph D, upon the timely filing of the motion to substitute defendant by the railroad employer, the railroad employer shall be substituted as the defendant in the proceedings, the individual employee shall be dismissed as a defendant, and the charges against the individual employee shall be erased from the record, at which time the railroad defendant shall be the sole defendant and entity responsible for the violation of the parish or municipal ordinance as originally cited.

D.  The provisions of this Article shall not apply to or be available in prosecutions involving the alleged consumption of alcohol or controlled dangerous substances.

Acts 1993, No. 360, §1, eff. June 3, 1993.

Art. 552. Pleas at the arraignment

There are four kinds of pleas to the indictment at the arraignment:

(1)  Guilty;

(2)  Not guilty;

(3)  Not guilty and not guilty by reason of insanity; or

(4)  Nolo contendere, which plea a court may in its discretion accept only if the offense charged is not a capital offense.  If a court accepts such a plea, it shall impose sentence or place the defendant on probation, or release him during his good behavior, in accordance with the laws applicable to the offense.  A sentence imposed upon a plea of nolo contendere is a conviction and may be considered as a prior conviction and provide a basis for prosecution or sentencing under laws pertaining to multiple offenses, and shall be a conviction for purposes of laws providing for the granting, suspension or revocation of licenses to operate motor vehicles.

Amended by Acts 1972, No. 453, §1; Acts 1977, No. 534, §1.

Art. 553. Method of pleading

            A. Except when otherwise provided under Paragraph B of this Article or by local rule in accordance with Articles 551 and 562, the defendant in a felony case shall plead in person. In misdemeanor cases, the defendant may plead not guilty through counsel, may plead guilty through counsel with consent of the court, may appear at arraignment, at the entry of his plea of guilty, or both, by way of simultaneous audio-visual transmission in accordance with local rules of court and Articles 551 and 562, and may plead and be arraigned in accordance with procedures established according to R.S. 32:57(C). A corporation may plead through counsel in all cases. The plea shall be made in open court and shall be immediately entered in the minutes of the court. A failure to enter a plea in the minutes shall not affect the validity of any proceeding in the case.

            B. By rule adopted pursuant to R.S. 13:472, the judge of the district court or a majority of the judges in a multi-district court may permit the defendant in a noncapital felony case to waive formal arraignment and enter a plea of not guilty without pleading in person. The rule shall require that the plea be in writing and shall set forth the filing procedure. Any formal defect shall not affect the validity of the proceeding.

            C. Nothing in this Article prohibits the court, by local rule, from providing for a defendant's appearance at his arraignment, at the entry of his plea of guilty, or both, by simultaneous audio-visual transmission in accordance with the provisions of Articles 551 and 562.

            Acts 1980, No. 570, §1; Acts 1990, No. 543, §1; Acts 1990, No. 593, §1; Acts 1997, No. 1011, §1; Acts 2003, No. 206, §1; Acts 2017, No. 406, §1.

Art. 554. Effect of failure to plead

A defendant shall plead when arraigned.  If he stands mute, refuses to plead, or pleads evasively, a plea of not guilty shall be entered of record.  When a defendant is a corporation and fails to appear for arraignment when summoned, a plea of not guilty shall be entered of record.

Art. 555. Waivers

Any irregularity in the arraignment, including a failure to read the indictment, is waived if the defendant pleads to the indictment without objecting thereto.  A failure to arraign the defendant or the fact that he did not plead, is waived if the defendant enters upon the trial without objecting thereto, and it shall be considered as if he had pleaded not guilty.

Art. 556. Plea of guilty or nolo contendere in misdemeanor cases;  duty of court

            A. Except as otherwise provided in Paragraph B of this Article or in R.S. 32:57 or in any other applicable law, in a misdemeanor case, if the defendant is not represented by counsel of record, the court shall not accept a plea of guilty or nolo contendere without first determining that the plea is voluntary and is made with an understanding of the nature of the charge and of his right to be represented by counsel.

            B. In a misdemeanor case in which the court determines that a sentence of imprisonment will actually be imposed or in which the conviction can be used to enhance the grade or statutory penalty for a subsequent offense, the court shall not accept a plea of guilty or nolo contendere without first addressing the defendant personally in open court and informing him of, and determining that he understands, all of the following:

            (1) The nature of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law.

            (2) If the defendant is not represented by an attorney, that he has the right to be represented by an attorney at every stage of the proceeding against him and, if financially unable to employ counsel, one will be appointed to represent him.

            (3) That he has the right to have a trial, and if the maximum penalty provided for the offense exceeds imprisonment for six months or a fine of one thousand dollars, a right to trial by a jury or by the court, at his option.

            (4) At that trial he has the right to confront and cross-examine witnesses against him and the right not to be compelled to incriminate himself.

            (5) That if he pleads guilty or nolo contendere there will not be a further trial of any kind, so that by pleading guilty or nolo contendere he waives the right to a trial.

            C. The court shall require either:

            (1) That a verbatim record of the proceedings at which the defendant enters a plea be made.

            (2) That a form reflecting the court's advice to the defendant and the court's inquiry into the voluntariness of the plea be signed by the court and the defendant and filed in the record at the time of the plea.

            D. Any variance from the procedures required by this Article which does not affect substantial rights of the defendant shall not invalidate the plea.

            E. Nothing in this Article prohibits the court, by local rule, from providing for a defendant's appearance at the entry of his plea of guilty or nolo contendere by simultaneous audio-visual transmission in accordance with the provisions of Articles 551 and 562.

            Acts 2001, No. 243, §1; Acts 2017, No. 406, §1.

Art. 556.1. Plea of guilty or nolo contendere in felony cases;  duty of court

            A. In a felony case, the court shall not accept a plea of guilty or nolo contendere without first addressing the defendant personally in open court and informing him of, and determining that he understands, all of the following:

            (1) The nature of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law.

            (2) If the defendant is not represented by an attorney, that he has the right to be represented by an attorney at every stage of the proceeding against him and, if financially unable to employ counsel, one will be appointed to represent him.

            (3) That he has the right to plead not guilty or to persist in that plea if it has already been made, and that he has the right to be tried by a jury and at that trial has the right to the assistance of counsel, the right to confront and cross-examine witnesses against him, and the right not to be compelled to incriminate himself.

            (4) That if he pleads guilty or nolo contendere there will not be a further trial of any kind, so that by pleading guilty or nolo contendere he waives the right to a trial.

            B. In a felony case, the court shall not accept a plea of guilty or nolo contendere without first addressing the defendant personally in open court and determining that the plea is voluntary and not the result of force or threats or of promises apart from a plea agreement.

            C.(1) The court shall also inquire as to whether the defendant's willingness to plead guilty or nolo contendere results from prior discussions between the district attorney and the defendant or his attorney. If a plea agreement has been reached by the parties, the court, on the record, shall require the disclosure of the agreement in open court or, on a showing of good cause, in camera, at the time the plea is offered.

            (2) The court shall further inquire of the defendant and his attorney whether the defendant has been informed of all plea offers made by the state.

            D. In a felony case a verbatim record shall be made of the proceedings at which the defendant enters a plea of guilty or nolo contendere.

            E. Any variance from the procedures required by this Article which does not affect substantial rights of the accused shall not invalidate the plea.

            F. Nothing in this Article prohibits the court, by local rule, from providing for a defendant's appearance at the entry of his plea of guilty or nolo contendere by simultaneous audio-visual transmission in accordance with the provisions of Articles 551 and 562.

            Acts 1997, No. 1061, §1; Acts 2001, No. 243, §1; Acts 2017, No. 406, §1; Acts 2019, No. 158, §1.

 

Art. 557. Plea of guilty in capital cases

A.  A court shall not receive an unqualified plea of guilty in a capital case.  However, with the consent of the court and the state, a defendant may plead guilty with the stipulation either that the court shall impose a sentence of life imprisonment without benefit of probation, parole, or suspension of sentence without conducting a sentencing hearing, or that the court shall impanel a jury for the purpose of conducting a hearing to determine the issue of penalty in accordance with the applicable provisions of this Code.

B.  If a defendant makes an unqualified plea, the court shall order a plea of not guilty entered for him.

Amended by Acts 1973, No. 134, §1; Acts 1995, No. 434, §1.

Art. 558. Plea of guilty of lesser included offense

The defendant, with the consent of the district attorney, may plead guilty of a lesser offense that is included in the offense charged in the indictment.

Art. 558.1. Adjudication of not guilty by reason of insanity

The court may adjudicate a defendant not guilty by reason of insanity without trial, when the district attorney consents and the court makes a finding based upon expert testimony that there is a factual basis for the plea.

Added by Acts 1983, No. 530, §1.

Art. 559. Withdrawal or setting aside of plea of guilty

A.  Upon motion of the defendant and after a contradictory hearing, which may be waived by the state in writing, the court may permit a plea of guilty to be withdrawn at any time before sentence.

B.  The court shall not accept a plea of guilty of a felony within forty-eight hours of the defendant's arrest.  When such a plea has been accepted within the forty-eight hour period, the court, upon a motion filed by the defendant within thirty days after the plea was entered, shall set aside the plea and any sentence imposed thereon.

C.  The admissibility of a withdrawn plea of guilty and the facts surrounding it, is governed by Louisiana Code of Evidence Article 410.

Acts 1988, No. 515, §3, eff. Jan. 1, 1989; Acts 2014, No. 85, §1.

{{NOTE:  See Acts 1988, No. 515, §12, regarding effectiveness and applicability.}}

Art. 560. Change of plea of not guilty to guilty

A defendant may at any time withdraw a plea of not guilty and plead guilty, subject to the limitations stated in Articles 556 through 559.

Art. 561. Change of plea of “not guilty” to “not guilty and not guilty by reason of insanity”

The defendant may withdraw a plea of "not guilty" and enter a plea of "not guilty and not guilty by reason of insanity," within ten days after arraignment.  Thereafter, the court may, for good cause shown, allow such a change of plea at any time before the commencement of the trial.

Art. 562. Use of simultaneous audio-visual transmission for certain proceedings

            A.(1) In a case where the offense is a felony or an enhanceable misdemeanor, the defendant, who is confined in a jail, prison, or other detention facility in Louisiana, may, with the court's consent and the consent of the district attorney, appear at the arraignment, at any preliminary matter or pretrial conference that does not involve the taking of testimony, at the entry of his plea of guilty, and at any revocation hearing for a probation violation, including any hearing for a contempt of court, by simultaneous audio-visual transmission if the court, by local rule, provides for the defendant's appearance in this manner and the defendant waives, in accordance with the provisions of Paragraph D of this Article, his right to be physically present at the proceeding.

            (2) In a case where the offense is not a felony and is not an enhanceable misdemeanor, the court, with the consent of the district attorney, may require the defendant, who is confined in a jail, prison, or other detention facility in Louisiana, to appear at the arraignment, at any preliminary matter or pretrial conference that does not involve the taking of testimony, at the entry of his plea of guilty, and at any revocation hearing for a probation violation, including any hearing for a contempt of court, by simultaneous audio-visual transmission if the court, by local rule, provides for the defendant's appearance in this manner.

            (3) For purposes of this Paragraph, "enhanceable misdemeanor" means a misdemeanor offense that provides increased or enhanced penalties for a subsequent conviction of the offense or that provides increased or enhanced penalties when certain elements are present during the commission of the offense.

            B. Notwithstanding the provisions of Paragraph A of this Article, in a capital case, the defendant may not enter his plea by simultaneous audio-visual transmission.

            C. If the defendant is represented by an attorney during the proceeding in which a simultaneous audio-visual transmission system is used, the attorney may elect to be present either in the courtroom with the presiding judicial officer or in the place where the defendant is confined. Upon request by the defendant or the attorney representing the defendant, the court shall provide the opportunity for confidential communication between the defendant and the attorney representing him at any time prior to or during the proceeding.

            D.(1) A defendant who elects to appear at the proceeding by simultaneous audio-visual transmission in accordance with the provisions of this Article and enter a plea of guilty or nolo contendere shall submit to the court a form signed by the defendant and, if represented by an attorney at the proceeding, by the defendant's attorney, stating that the defendant waives his right to be physically present at the proceeding and that he has been addressed by the court and informed of his rights pursuant to Article 556 or 556.1. The form shall allow for the defendant to sign, or initial where appropriate, each element of the waiver of rights set forth in Article 556 or 556.1.

            (2) The defendant and, if represented by an attorney at the proceeding, the defendant's attorney may sign, or initial where appropriate, the waiver of presence as set forth in Paragraph A of this Article and the waiver of rights form as set forth in Subparagraph (1) of this Paragraph by use of an electronic signature as defined by R.S. 9:2602. The court, by local rule, shall provide for the method of electronic signature to be used to ensure authenticity of the electronic signature.

            (3) The law enforcement agency who has custody of the defendant at the time of the proceeding shall obtain the fingerprints of the defendant for purposes of Article 871. The fingerprints may be taken electronically or in ink and converted to electronic format.

            Acts 2017, No. 406, §1.

Title XVII. Time Limitations

Chapter 1. Limitations Upon Institution of Prosecution

Art. 571. Crimes for which there is no time limitation

            There is no time limitation upon the institution of prosecution for any crime for which the punishment may be death or life imprisonment or for the crime of forcible or second degree rape (R.S. 14:42.1).

            Amended by Acts 1984, No. 926, §1; Acts 2001, No. 207, §1; Acts 2015, No. 184, §6.

Art. 571.1. Time limitation for certain sex offenses

            Except as provided by Article 572 of this Chapter, the time within which to institute prosecution of the following sex offenses, regardless of whether the crime involves force, serious physical injury, death, or is punishable by imprisonment at hard labor shall be thirty years: attempted first degree rape, also formerly titled aggravated rape (R.S. 14:27, R.S. 14:42), attempted second degree rape, also formerly titled forcible rape (R.S. 14:27, R.S. 14:42.1), sexual battery (R.S. 14:43.1), second degree sexual battery (R.S. 14:43.2), oral sexual battery (R.S. 14:43.3), human trafficking (R.S. 14:46.2(B)(2) or (3)), trafficking of children for sexual purposes (R.S. 14:46.3), felony carnal knowledge of a juvenile (R.S. 14:80), indecent behavior with juveniles (R.S. 14:81), pornography involving juveniles (R.S. 14:81.1), molestation of a juvenile or a person with a physical or mental disability (R.S. 14:81.2), prostitution of persons under eighteen (R.S. 14:82.1), enticing persons into prostitution (R.S. 14:86), crime against nature (R.S. 14:89), aggravated crime against nature (R.S. 14:89.1), crime against nature by solicitation (R.S. 14:89.2(B)(3)), that involves a victim under seventeen years of age. This thirty-year period begins to run when the victim attains the age of eighteen.

            Acts 1993, No. 592, §1, eff. June 15, 1993; Acts 2001, No. 207, §1; Acts 2001, No. 533, §1; Acts 2003, No. 809, §1, eff. July 1, 2003; Acts 2004, No. 676, §3; Acts 2005, No. 186, §1; Acts 2012, No. 446, §5; Acts 2014, No. 602, §2, eff. June 12, 2014; Acts 2016, No. 41, §1.

Art. 572. Limitation of prosecution of noncapital offenses

A.  Except as provided in Articles 571 and 571.1, no person shall be prosecuted, tried, or punished for an offense not punishable by death or life imprisonment, unless the prosecution is instituted within the following periods of time after the offense has been committed:

(1)  Six years, for a felony necessarily punishable by imprisonment at hard labor.

(2)  Four years, for a felony not necessarily punishable by imprisonment at hard labor.

(3)  Two years, for a misdemeanor punishable by a fine, or imprisonment, or both.

(4)  Six months, for a misdemeanor punishable only by a fine or forfeiture.

B.(1)  Notwithstanding the provisions of Article 571.1 and Paragraph A of this Article, prosecutions for any sex offense may be commenced beyond the time limitations set forth in this Title if the identity of the offender is established after the expiration of such time limitation through the use of a DNA profile.

(2)  A prosecution under the exception provided by this Paragraph shall be commenced within three years from the date on which the identity of the suspect is established by DNA testing.

(3)  For purposes of this Article, "DNA" means deoxyribonucleic acid, which is located in cells and provides an individual's personal genetic blue print and which encodes genetic information that is the basis of human heredity and forensic identification.

(4)  This Paragraph shall have retroactive application to crimes committed prior to June 20, 2003.

C.  Upon expiration of the time period in which a prosecution may be instituted, any bail bond applicable to that prosecution which bond has not been forfeited shall also expire, and all obligations of that bail undertaking shall be extinguished as a matter of law.

Amended by Acts 1984, No. 926, §1; Acts 2001, No. 207, §1; Acts 2003, No. 487, §2, eff. June 20, 2003; Acts 2003, No. 809, §1, eff. July 1, 2003; Acts 2006, No. 123, §1, eff. June 2, 2006.

NOTE: See Acts 2003, No. 487, §5, relative to application.

Art. 573. Running of time limitations;  exception

The time limitations established by Article 572 shall not commence to run as to the following offenses until the relationship or status involved has ceased to exist when:

(1)  The offense charged is based on the misappropriation of any money or thing of value by one who, by virtue of his office, employment, or fiduciary relationship, has been entrusted therewith or has control thereof.

(2)  The offense charged is extortion or false accounting committed by a public officer or employee in his official capacity.

(3)  The offense charged is public bribery.

(4)  The offense charged is aggravated battery (R.S. 14:34) and the victim is under seventeen years of age.

Added by Acts 1982, No. 753, §1; Acts 1987, No. 587, §1; Acts 1988, No. 436, §1; Acts 1988, No. 693, §1; Acts 1993, No. 592, §1, eff. June 15, 1993.

Art. 573.1. Running of time limitations;  exception;  exploitation of persons with infirmities

The time limitations established by Article 572 of this Code shall not commence to run as to the crime of exploitation of persons with infirmities (R.S. 14:93.4) until the crime is discovered by a competent victim, or in the case of an incompetent victim, by a competent third person.

Acts 2010, No. 317, §1; Acts 2014, No. 811, §31, eff. June 23, 2014.

Art. 573.2. Running of time limitations;  exception;  video voyeurism

            The time limitations established by Article 572 shall not commence to run as to the crime of video voyeurism (R.S. 14:283) until the crime is discovered by the victim.

            Acts 2016, No. 352, §1.

Art. 573.3. Running of time limitations;  exception;  crimes against the Firefighters' Retirement System

            The time limitations established by this Chapter shall not commence to run as to a crime described in R.S. 11:2261.1(C) and committed against the Firefighters' Retirement System until the crime is discovered by the Firefighters' Retirement System.

            Acts 2018, No. 115, §2.

Art. 574. Conviction and punishment for lesser offenses;  limitations applicable

The time limitations applicable to the offense for which a person is prosecuted apply to a conviction or punishment for a lesser and included offense.

Art. 575. Interruption of time limitations

The periods of limitation established by this Chapter shall be interrupted when the defendant:

(1)  For the purpose of avoiding detection, apprehension or prosecution, flees from the state, is outside the state, or is absent from his usual place of abode within the state; or

(2)  Lacks mental capacity to proceed at trial and is committed in accordance with Article 648 of this Code.

Amended by Acts 1979, No. 318, §1.

Art. 575.1. Suspension of time limitations;  crimes against the Firefighters' Retirement System

            The periods of limitation established by this Chapter shall be suspended when a civil suit is filed as provided in R.S. 11:2261.1(C).

            Acts 2018, No. 115, §2.

Art. 576. Filing of new charges upon dismissal of prosecution

When a criminal prosecution is timely instituted in a court of proper jurisdiction and the prosecution is dismissed by the district attorney with the defendant's consent, or before the first witness is sworn at the trial on the merits, or the indictment is dismissed by a court for any error, defect, irregularity, or deficiency, a new prosecution for the same offense or for a lesser offense based on the same facts may be instituted within the time established by this Chapter or within six months from the date of dismissal, whichever is longer.

A new prosecution shall not be instituted under this article following a dismissal of the prosecution by the district attorney unless the state shows that the dismissal was not for the purpose of avoiding the time limitation for commencement of trial established by Article 578.

Art. 577. Pleading of limitation;  burden of proof

The issue that a prosecution was not timely instituted may be raised at any time, but only once, and shall be tried by the court alone.  If raised during the trial, a hearing thereon may be deferred until the end of the trial.

The state shall not be required to allege facts showing that the time limitation has not expired, but when the issue is raised, the state has the burden of proving the facts necessary to show that the prosecution was timely instituted.

Chapter 2. Limitations Upon Trial

Art. 578. General rule

A.  Except as otherwise provided in this Chapter, no trial shall be commenced nor any bail obligation be enforceable:

(1)  In capital cases after three years from the date of institution of the prosecution;

(2)  In other felony cases after two years from the date of institution of the prosecution; and

(3)  In misdemeanor cases after one year from the date of institution of the prosecution.

B.  The offense charged shall determine the applicable limitation.

Acts 2006, No. 123, §1, eff. June 2, 2006.

Art. 579. Interruption of time limitation

A.  The period of limitation established by Article 578 shall be interrupted if:

(1)  The defendant at any time, with the purpose to avoid detection, apprehension, or prosecution, flees from the state, is outside the state, or is absent from his usual place of abode within the state; or

(2)  The defendant cannot be tried because of insanity or because his presence for trial cannot be obtained by legal process, or for any other cause beyond the control of the state; or

(3)  The defendant fails to appear at any proceeding pursuant to actual notice, proof of which appears of record.

B.  The periods of limitation established by Article 578 shall commence to run anew from the date the cause of interruption no longer exists.

C.  If the defendant fails to appear in court pursuant to any provision of this Article and the defendant is subsequently arrested, the periods of limitations established by Article 578 of this Code shall not commence to run anew until the defendant appears in person in open court where the case on the original charge is pending, or the district attorney prosecuting the original charge has notice of the defendant's custodial location.  For purposes of this Paragraph, "notice" shall mean either of the following:

(1)  Filing in the court record by either the defendant or his counsel advising the court of his incarceration with a copy provided to the district attorney and certification of notice provided to the district attorney.

(2)  Following the seventy-two hour hearing provided by Article 230.1 of this Code, actual notice of arrest is provided to the district attorney and filed in the record of the proceeding of which the warrant against the defendant was issued.

Amended by Acts 1984, No. 671, §1; Acts 2013, No. 6, §1.

Art. 580. Suspension of time limitations

A.  When a defendant files a motion to quash or other preliminary plea, the running of the periods of limitation established by Article 578 shall be suspended until the ruling of the court thereon; but in no case shall the state have less than one year after the ruling to commence the trial.

B.  The periods of limitation established by Article 578 shall also be suspended if the court grants a continuance in accordance with the provisions of Paragraph B of Article 709.

Acts 2010, No. 744, §1, eff. June 29, 2010.

Art. 581. Expiration of limitations;  motion to quash;  effect

Upon the expiration of the limitations established by this Chapter, the court shall, upon motion of the defendant, dismiss the indictment.  This right of dismissal is waived unless the motion to quash is made prior to trial.

If the indictment is dismissed under this article, there shall be no further prosecution against the defendant for the same or a lesser offense based on the same facts.

Art. 582. Time limitations;  effect of new trial

When a defendant obtains a new trial or there is a mistrial, the state must commence the second trial within one year from the date the new trial is granted, or the mistrial is ordered, or within the period established by Article 578, whichever is longer.

Art. 583. Interruption of time limitation where new trial

The period of limitation established by Article 582 shall be interrupted by any of the causes stated in Article 579.  Where such interruption occurs, the state must commence the new trial within one year from the date the cause of interruption no longer exists.

Added by Acts 1972, No. 647, §1.

Title XVIII. Double Jeopardy

Art. 591. Double jeopardy;  definition

No person shall be twice put in jeopardy of life or liberty for the same offense, except, when on his own motion, a new trial has been granted or judgment has been arrested, or where there has been a mistrial legally ordered under the provisions of Article 775 or ordered with the express consent of the defendant.

Art. 592. When jeopardy begins

When a defendant pleads not guilty and is tried by jury, jeopardy begins when the jury panel is sworn pursuant to Article 790.  When a defendant pleads not guilty, and is tried without a jury, jeopardy begins when the first witness is sworn at the trial on the merits.  When a defendant pleads guilty, jeopardy begins when a valid sentence is imposed.

Acts 1990, No. 525, §1.

Art. 593. Method of pleading

Double jeopardy shall be raised by a written motion setting forth the name of the court, the proceeding in which the defendant was in jeopardy, and the facts constituting double jeopardy.

Art. 594. Method of trial;  time for disposition

Double jeopardy may be raised at any time, but only once, and shall be tried by the court alone.  If raised during the trial, a hearing thereon may be deferred until the end of the trial.

Art. 595. Double jeopardy;  when not applicable

A person shall not be considered as having been in jeopardy in a trial in which:

(1)  The court was illegally constituted or lacked jurisdiction;

(2)  The prosecution was dismissed because it was instituted in an improper venue; or

(3)  The indictment was invalid.

Art. 596. Requirements for double jeopardy

Double jeopardy exists in a second trial only when the charge in that trial is:

(1)  Identical with or a different grade of the same offense for which the defendant was in jeopardy in the first trial, whether or not a responsive verdict could have been rendered in the first trial as to the charge in the second trial; or

(2)  Based on a part of a continuous offense for which offense the defendant was in jeopardy in the first trial.

Art. 597. Prosecution in other jurisdiction

Double jeopardy does not apply to a prosecution under a law enacted by the Louisiana Legislature if the prior jeopardy was in a prosecution under the laws of another state or the United States.

Amended by Acts 1972, No. 648, §1.

Art. 598. Effect of verdict

A.  When a person is found guilty of a lesser degree of the offense charged, the verdict or judgment of the court is an acquittal of all greater offenses charged in the indictment and the defendant cannot thereafter be tried for those offenses on a new trial.

B.  When a jury returns a verdict in the sentencing hearing in a capital case determining that the defendant should be sentenced to life imprisonment, the defendant cannot thereafter be sentenced to death for that offense on a new trial.

Amended by Acts 1973, No. 133, §1; Acts 1980, No. 430, §1; Acts 1988, No. 779, §1, eff. July 18, 1988.

Title XIX. Jurisdiction and Venue

Art. 611. Venue;  trial where offense committed

            A. All trials shall take place in the parish where the offense has been committed, unless the venue is changed. If acts constituting an offense or if the elements of an offense occurred in more than one place, in or out of the parish or state, the offense is deemed to have been committed in any parish in this state in which any such act or element occurred.

            B. If the offender is charged with any criminal homicide enumerated in R.S. 14:29 or any other crime involving the death of a human being and it cannot be determined where the offense or the elements of the offense occurred, the offense is deemed to have been committed in the parish where the body of the victim was found.

            C. If the offender is charged with any of the following offenses, the offense is deemed to have been committed either in the parish where the offense occurred or where the victim resides:

            (1) R.S. 14:67.3, unauthorized use of an access card.

            (2) R.S. 14:67.16, identity theft.

            (3) R.S. 14:70.4, access device fraud.

            (4) R.S. 14:70.8, illegal transmission of monetary funds.

            (5) R.S. 14:71.1, bank fraud.

            (6) R.S. 14:72, forgery.

            (7) R.S. 14:72.2, monetary instrument abuse.

            D.(1) If the offender is charged with the crime of accessory after the fact, the offense is deemed to have been committed either in the parish where the principal felony was committed or in the parish where any act or element constituting the basis for the accessory after the fact prosecution occurred.

            (2) If the offender is charged with the crime of obstruction of justice, the offense is deemed to have been committed either in the parish of the underlying actual or potential present, past, or future criminal proceeding or investigation or in the parish where any act or element constituting the basis for the obstruction of justice prosecution occurred.

            Acts 2004, No. 379, §1; Acts 2006, No. 158, §1; Acts 2017, No. 164, §1, eff. June 12, 2017; Acts 2018, No. 125, §1.

Art. 612. Offenses on railway trains, vessels, aircraft, or other vehicles

If an offense is committed on a train, vessel, aircraft, or other public or private vehicle while in transit in this state and the exact place of the offense in this state cannot be established, the offense is deemed to have been committed in any parish through or over which the train, vessel, aircraft, or other vehicle passed, and in which the crime could have been committed.

Art. 613. Jurisdiction of court where body of water is parish boundary

When a river, bayou, lake, water course, or other body of water is the boundary of any parish, the jurisdiction of the court of such parish extends to the middle of such river, bayou, lake, water course, or other body of water.

Art. 614. Venue where offense committed within one hundred feet of parish boundary

An offense committed on the boundary line of two parishes or within one hundred feet thereof is deemed to have been committed in either parish.

Art. 615. Improper venue;  pleading

Improper venue shall be raised in advance of trial by motion to quash, and shall be tried by the judge alone.  Venue shall not be considered an essential element to be proven by the state at trial, rather it shall be a jurisdictional matter to be proven by the state by a preponderance of the evidence and decided by the court in advance of trial.

Acts 1988, No. 554, §1.