HLS 10RS-1482 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. 740
BY REPRESENTATIVE LOPINTO
CRIMINAL/PROCEDURE: Provides relative to hearings of pretrial motions filed by the
defendant
AN ACT1
To enact Code of Criminal Procedure Article 523, relative to pretrial motions; to provide2
relative to notice of pretrial motion hearings; to provide relative to the defendant's3
appearance at pretrial motion hearings; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Criminal Procedure Article 523 is hereby enacted to read as6
follows: 7
Art. 523. Notice for hearing of pretrial motions; dismissal8
A. When the court sets a date for a contradictory hearing of any pretrial9
motion filed by the defendant, in addition to any other method of service provided10
for by law, notice of the date of such hearing may be served upon the defendant by11
mailing notice to the counsel of record.12
B. Failure of a defendant who is not incarcerated, or failure of his attorney,13
to appear for the hearing of a pretrial motion filed by the defendant shall be grounds14
for dismissal by the court.15
C. On oral or written motion of the district attorney, the court shall dismiss16
the defendant's pretrial motion upon either of the following:17
(1) The second failure to appear by the defendant or his counsel, after actual18
notice, for the hearing of a pretrial motion filed by the defendant, when the hearing19 HLS 10RS-1482 ORIGINAL
HB NO. 740
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
for such motion was previously reset due to the defendant's failure to appear on the1
date that the hearing was originally set.2
(2) The first failure to appear by the defendant or his counsel, after actual3
notice, for the hearing of a pretrial motion filed by the defendant, when the defendant4
has previously failed to appear in court for any other proceeding in the case.5
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)]
Lopinto HB No. 740
Abstract: Provides relative to a defendant's appearance at hearings for pretrial motions
filed by the defendant.
Proposed law provides that a defendant may be given notice of any pretrial motion hearing
date by mailing notice to the counsel of record.
Proposed law provides that failure of a defendant or the counsel to appear for the hearing of
a pretrial motion shall be grounds for dismissal of the motion.
Proposed law provides that, by motion of the district attorney, a defendant's pretrial motion
shall be dismissed when either of the following occur:
(1)The second failure to appear by the defendant or his counsel, after actual notice, for
the hearing of a pretrial motion filed by the defendant, when the hearing for such
motion was previously reset due to defendant's failure to appear on the date that the
hearing was originally set.
(2)The first failure to appear by the defendant or his counsel, after actual notice, for the
hearing of a pretrial motion filed by the defendant, when the defendant has
previously failed to appear in court for any other proceeding in the case.
(Adds C.Cr.P. Art. 523)