HLS 10RS-1841 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 1237
BY REPRESENTATIVE ST. GERMAIN
CRIMINAL/PROCEDURE: Amends criminal procedure relative to witnesses called to
serve in the armed forces
AN ACT1
To amend and reenact Code of Criminal Procedure Articles 579(A) and 709, relative to2
criminal procedure; to provide relative to time limitations for commencement of a3
criminal trial; to provide for the interruption of time limitations; to provide for4
continuances; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Criminal Procedure Articles 579(A) and 709 are hereby amended7
and reenacted to read as follows: 8
Art. 579. Interruption of time limitation 9
A. The period of limitation established by Article 578 shall be interrupted10
if any of the following occur:11
(1) The defendant at any time, with the purpose to avoid detection,12
apprehension, or prosecution, flees from the state, is outside the state, or is absent13
from his usual place of abode within the state; or. 14
(2) The defendant cannot be tried because of insanity or because his presence15
for trial cannot be obtained by legal process, or for any other cause beyond the16
control of the state; or. 17
(3) The defendant fails to appear at any proceeding pursuant to actual notice,18
proof of which appears of record.19 HLS 10RS-1841 ORIGINAL
HB NO. 1237
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are additions.
(4) The court grants a motion to continue in accordance with the provisions1
of Paragraph B of Article 709.2
* * *3
Art. 709. Continuance based on absence of a witness 4
A. A motion for a continuance based upon the absence of a witness must5
shall state all of the following: 6
(1) Facts to which the absent witness is expected to testify, showing the7
materiality of the testimony and the necessity for the presence of the witness at the8
trial;. 9
(2) Facts and circumstances showing a probability that the witness will be10
available at the time to which the trial is deferred; and. 11
(3) Facts showing due diligence used in an effort to procure attendance of12
the witness.13
B. In addition to the requirements set forth in Paragraph A of this Article,14
when the motion for continuance is based upon the absence of a witness who is in15
the armed forces, the motion shall also state facts, attested to by the district attorney,16
showing that the absent witness is on active military duty in the United States armed17
forces.18
Section 2. This Act is declared to be remedial, curative, and procedural and therefore19
is to be applied retroactively to January 1, 2010, as well as prospectively.20
Section 3. This Act shall become effective upon signature by the governor or, if not21
signed by the governor, upon expiration of the time for bills to become law without signature22
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If23
vetoed by the governor and subsequently approved by the legislature, this Act shall become24
effective on the day following such approval.25 HLS 10RS-1841 ORIGINAL
HB NO. 1237
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
St. Germain HB No. 1237
Abstract: Provides that a witness' call to military service may serve as the basis for a
continuance or an interruption of the time limitations for commencement of a
criminal trial.
Present law (C.Cr.P. Art. 578) provides for the following time limitations regarding the
commencement of criminal trials:
(1)In capital cases - three years from the date of institution of the prosecution.
(2)In other felony cases - two years from the date of institution of the prosecution.
(3)In misdemeanor cases - one year from the date of institution of the prosecution.
Present law (C.Cr.P. Art. 579) provides for the interruption of present law (C.Cr.P. Art. 578)
time limitations when any of the following occur:
(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.
(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.
(3)The defendant fails to appear at any proceeding pursuant to actual notice, proof of
which appears of record.
Present law (C.Cr.P. Art. 709) provides that a motion for a continuance based upon the
absence of a witness shall state:
(1)Facts to which the absent witness is expected to testify, showing the materiality of
the testimony and the necessity for the presence of the witness at the trial.
(2)Facts and circumstances showing a probability that the witness will be available at
the time to which the trial is deferred.
(3)Facts showing due diligence used in an effort to procure attendance of the witness.
Proposed law retains present law and provides for the continuance and the interruption of
present law time limitations in criminal proceedings when the district attorney submits a
factual showing that an absent witness is on active military duty in the U.S. armed forces.
Provides that the provisions of this Act are remedial, curative, and procedural and are to be
applied retroactively to Jan. 1, 2010, as well as prospectively.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends C.Cr.P. Arts. 579(A) and 709)