ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 713
Regular Session, 2010
HOUSE BILL NO. 740
BY REPRESENTATIVE LOPINTO
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 may 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
for such motion was previously reset due to the defendant's failure to appear on the20
date that the hearing was originally set.21 ENROLLEDHB NO. 740
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are additions.
(2) The first failure to appear by the defendant or his counsel, after actual1
notice, for the hearing of a pretrial motion filed by the defendant, when the defendant2
has previously failed to appear in court for any other proceeding in the case.3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: