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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 580 and 709, relative to criminal2
procedure; to provide relative to time limitations for commencement of a criminal3
trial; to provide for the suspension of time limitations; to provide for continuances;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Criminal Procedure Articles 580 and 709 are hereby amended7
and reenacted to read as follows: 8
Art. 580. Suspension of time limitations9
A. When a defendant files a motion to quash or other preliminary plea, the10
running of the periods of limitation established by Article 578 shall be suspended11
until the ruling of the court thereon; but in no case shall the state have less than one12
year after the ruling to commence the trial.13
B. The periods of limitation established by Article 578 shall also be14
suspended if the court grants a continuance in accordance with the provisions of15
Paragraph B of Article 709.16
* * *17
Art. 709. Continuance based on absence of a witness 18
A. A motion for a continuance based upon the absence of a witness must19
shall state all of the following: 20 HLS 10RS-1841 ENGROSSED
HB NO. 1237
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(1) Facts to which the absent witness is expected to testify, showing the1
materiality of the testimony and the necessity for the presence of the witness at the2
trial;. 3
(2) Facts and circumstances showing a probability that the witness will be4
available at the time to which the trial is deferred; and. 5
(3) Facts showing due diligence used in an effort to procure attendance of6
the witness.7
B. In addition to the requirements set forth in Paragraph A of this Article,8
when the motion for continuance is based upon the absence of a witness who is in9
the armed forces, the motion shall also state facts, attested to by the district attorney,10
showing that the absent witness is on active military duty in the United States Armed11
Forces.12
Section 2. This Act is declared to be remedial, curative, and procedural and therefore13
is to be applied retroactively to January 1, 2010, as well as prospectively.14
Section 3. This Act shall become effective upon signature by the governor or, if not15
signed by the governor, upon expiration of the time for bills to become law without signature16
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If17
vetoed by the governor and subsequently approved by the legislature, this Act shall become18
effective on the day following such approval.19
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 suspension 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. HLS 10RS-1841 ENGROSSED
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(3)In misdemeanor cases - one year from the date of institution of the prosecution.
Present law (C.Cr.P. Art. 580) provides for the suspension of present law (C.Cr.P. Art. 578)
time limitations when a defendant files a motion to quash or other preliminary plea until the
ruling of the court thereon, and provides that in no case shall the state have less than one
year after the ruling to commence the trial.
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 suspension 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. 580 and 709)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Deleted proposed law provisions which provide for the interruption of present
law time limitations in criminal proceedings and provides for the suspension of
present law time limitations.