HLS 10RS-872 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. 608
BY REPRESENTATIVE WHITE
(On Recommendation of the Louisiana State Law Institute)
CRIMINAL/PROCEDURE: Provides for the use of affidavits or other written evidence
submitted by facsimile or electronic means in probable cause determinations
AN ACT1
To amend and reenact Code of Criminal Procedure Article 230.2(A), relative to probable2
cause determinations; to authorize the use of facsimile or other electronic means to3
transmit affidavits or other written evidence in probable cause determinations; and4
to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Criminal Procedure Article 230.2(A) is hereby amended and7
reenacted to read as follows: 8
Arti. 230.2. Probable cause determinations; persons arrested without a warrant and9
continued in custody10
A. A law enforcement officer effecting the arrest of a person without a11
warrant shall promptly complete an affidavit of probable cause supporting the arrest12
of the person and submit the same it to a magistrate. Persons continued or remaining13
in custody pursuant to an arrest made without a warrant shall be entitled to a14
determination of probable cause within forty-eight hours of arrest. The probable15
cause determination shall be made by a magistrate and shall not be an adversary16
proceeding. The determination may be made without the presence of the defendant17
and may be made upon affidavits or other written evidence, which may be18
transmitted to the magistrate by means of facsimile transmission or other electronic19 HLS 10RS-872 ORIGINAL
HB NO. 608
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
means. A magistrate's determination of probable cause hereunder shall not act as a1
waiver of a person's right to a preliminary examination pursuant to Article 292.2
* * *3
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)]
White HB No. 608
Abstract: Authorizes the use of facsimile or other electronic means to transmit affidavits
or other written evidence in probable cause determinations.
Present law provides for probable cause determination hearings.
Present law further provides that a probable cause determination may be made without the
presence of the defendant and may be made upon affidavits or other written evidence.
Proposed law retains the provisions of present law and further provides that the written
evidence or affidavit may be transmitted to the magistrate by means of facsimile
transmission or other electronic means.
(Amends C.Cr.P. Art. 230.2(A))