ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
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ACT No. 260
Regular Session, 2010
HOUSE BILL NO. 608
BY REPRESENTATIVE WHITE
(On Recommendation of the Louisiana State Law Institute)
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
Art. 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 ENROLLEDHB NO. 608
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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
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: