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Coding: Words which are struck through are deletions from existing law;
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Regular Session, 2010
SENATE BILL NO. 380
BY SENATOR MORRELL
CRIMINAL PROCEDURE. Provides for motions to sever an offense. (8/15/10)
AN ACT1
To amend and reenact Code of Criminal Procedure Arts. 495.1 and 704, relative to2
severance of offenses; to provide for motions to sever criminal offenses and3
defendants under certain circumstances; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Criminal Procedure Arts. 495.1 and 704 are hereby amended and6
reenacted to read as follows:7
Art. 495.1. Severance of offenses 8
If it appears that a defendant or the state is prejudiced by a joinder of offenses9
in an indictment or bill of information or by such joinder for trial together, the court10
may order separate trials, grant a severance of offenses, or provide whatever other11
relief justice requires.12
A. Jointly indicted offenses shall be tried jointly unless:13
(1) The state elects to try them separately; or14
(2) The court, on motion of the defendant, and after contradictory15
hearing with the district attorney, is satisfied that justice requires severance.16
B. A motion to sever offenses shall be filed in writing, and shall be filed17 SB NO. 380
SLS 10RS-742 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
not later than seven days prior to the trial.1
* * *2
Art. 704. Severance3
A. Jointly indicted defendants shall be tried jointly unless:4
(1) The state elects to try them separately; or5
(2) The court, on motion of the defendant, and after contradictory hearing6
with the district attorney, is satisfied that justice requires a severance.7
B. A motion to sever defendants shall be filed in writing, and shall be8
filed not later than seven days prior to the trial.9
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Thomas L. Tyler.
DIGEST
Morrell (SB 380)
Present law relative to jointly indicted offenses, authorizes a court to order separate trials,
grant a severance of offenses, or whatever other relief justice requires if it appears that a
defendant or the state is prejudiced by a joinder of offenses in an indictment or bill or
information or by joinder for trial.
Proposed law requires that jointly indicted offenses be tried jointly unless (1) the state elects
to try the offenses separately or (2) the court, on motion of the defendant and after
contradictory hearing, is satisfied that justice requires severance. Requires that a motion to
sever offenses be in writing and be filed not later than seven days prior to trial.
Present law requires jointly indicted defendants to be tried jointly unless the state elects to
try them separately or the court, on the defendants' motion and after a contradictory hearing
with the district attorney, is satisfied that justice requires severance. Proposed law retains
these provisions but requires that the motion to sever defendants be filed in writing not later
than seven days prior to trial.
Effective August 15, 2010.
(Amends C. Cr. P. Arts. 495.1 and 704)