Louisiana HB 722: CRIMINAL/JUSTICE: Provides relative to certain pretrial procedures

Bill Text

HLS 22RS-919 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 722
BY REPRESENTATIVE JORDAN
CRIMINAL/JUSTICE: Provides relative to certain pretrial procedures
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Articles 292, 293, 294(D), 701(B), (C),
3 and (D)(1)(introductory paragraph) and (3), and 732 and to enact Code of Criminal
4 Procedure Article 734(D), relative to pretrial procedures; to provide relative to
5 appointment of counsel for certain persons; to provide relative to transcripts of
6 preliminary examination proceedings; to provide relative to an order for preliminary
7 examination before and after indictment; to provide relative to subpoenas; to provide
8 relative to service of subpoenas; to provide relative to pretrial motions for speedy
9 trial; to provide relative to the effect of a defendant's motion for speedy trial on
10 certain duties of the state with regard to discovery; to provide relative to the court's
11 authority to suspend or dismiss a pending speedy trial motion; to provide relative to
12 the time period within which a bill of information or indictment is filed; to provide
13 relative to the time period for setting an arraignment; to provide relative to the
14 defendant's bail obligation under certain circumstances; and to provide for related
15 matters.
16 Be it enacted by the Legislature of Louisiana:
17 Section 1. Code of Criminal Procedure Articles 292, 293, 294(D), 701(B), (C), and
18 (D)(1)(introductory paragraph) and (3), and 732 are hereby amended and reenacted and Code
19 of Criminal Procedure Article 734(D) is hereby enacted to read as follows:
20 Art. 292. Order for preliminary examination before and after indictment
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HLS 22RS-919 ORIGINAL
HB NO. 722
1 A. The court, on request of the state or the defendant, shall immediately
2 order a preliminary examination in felony cases unless the defendant has been
3 indicted by a grand jury.
4 B. After the defendant has been indicted by a grand jury, the court may
5 rescind its order for a preliminary examination unless the defendant has preserved
6 his request for a preliminary examination in writing prior to indictment.
7 C. An order for a preliminary examination in felony cases may be granted
8 by the court at any time, either on its own motion or on request of the state or of the
9 defendant before or after the defendant has been indicted by a grand jury.
10 Art. 293. Time for examination; procurement of counsel
11 When a preliminary examination is ordered, the court shall conduct the
12 examination promptly but shall allow the defendant a reasonable time to procure
13 counsel. If the arrested person is determined to be indigent pursuant to R.S. 15:175,
14 the court shall appoint qualified counsel to represent him at the preliminary
15 examination.
16 Art. 294. Examination of witnesses; transcript of testimony
17 * * *
18 D. Upon motion of the state or the defendant, a transcript of the preliminary
19 examination proceedings may be made and shall be promptly provided to the state
20 or defense counsel. The cost of the transcript preparation under this Paragraph shall
21 be paid by the party making the motion, unless the party is an indigent defendant.
22 * * *
23 Art. 701. Right to a speedy trial
24 * * *
25 B. The time period for filing a bill of information or indictment after arrest
26 shall be as follows:
27 (1)(a) When the defendant is continued in custody subsequent to an arrest,
28 an indictment or information shall be filed within thirty five days of the arrest if the
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.

HLS 22RS-919 ORIGINAL
HB NO. 722
1 defendant is being held for a misdemeanor and within sixty fifteen days of the arrest
2 if the defendant is being held for a felony.
3 (b) When the defendant is continued in custody subsequent to an arrest for
4 a felony for which punishment may be death or life imprisonment, an indictment
5 shall be filed within one hundred twenty thirty days of the arrest if the defendant is
6 being held for a felony for which the punishment may be death or life imprisonment.
7 (c) If the state fails to institute prosecution as provided in this Subparagraph,
8 the court shall order the release of the defendant.
9 (2)(a) When Except as provided in Subsubparagraph (b) of this
10 Subparagraph, when the defendant is not continued in custody subsequent to arrest,
11 an indictment or information shall be filed within ninety thirty days of the arrest if
12 the defendant is booked with a misdemeanor and one hundred fifty days of the arrest
13 if the defendant is booked with a felony.
14 (b) When the defendant is not continued in custody subsequent to arrest for
15 a felony for which punishment may be death or life imprisonment, an indictment
16 shall be filed within sixty days of the arrest.
17 (b)(c) Failure