ENROLLED
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ACT No. 744
Regular Session, 2010
HOUSE BILL NO. 1237
BY REPRESENTATIVE ST. GERMAIN
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
(1) Facts to which the absent witness is expected to testify, showing the21
materiality of the testimony and the necessity for the presence of the witness at the22
trial;. 23 ENROLLEDHB NO. 1237
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(2) Facts and circumstances showing a probability that the witness will be1
available at the time to which the trial is deferred; and. 2
(3) Facts showing due diligence used in an effort to procure attendance of3
the witness.4
B. In addition to the requirements set forth in Paragraph A of this Article,5
when the motion for continuance is based upon the absence of a witness who is in6
the armed forces, the moving party, either the district attorney or the defense7
counsel, shall attest to facts showing that the absent witness is on active military duty8
in the United States Armed Forces.9
Section 2. This Act is declared to be remedial, curative, and procedural and therefore10
is to be applied retroactively to January 1, 2010, as well as prospectively.11
Section 3. This Act shall become effective upon signature by the governor or, if not12
signed by the governor, upon expiration of the time for bills to become law without signature13
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If14
vetoed by the governor and subsequently approved by the legislature, this Act shall become15
effective on the day following such approval.16
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: