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Regular Session, 2010
SENATE BILL NO. 736
BY SENATOR DORSEY
CRIMINAL JUSTICE. Provides relative to certain adults charged for crimes committed as
a child. (8/15/10)
AN ACT1
To amend and reenact the Code of Criminal Procedure Article 876 and to enact the2
Children's Code Article 857(D), relative to criminal procedure; to provide for3
sentencing of adults for certain crimes committed as a child; to provide for certain4
adults charged for crimes committed as a child; to provide for requirements of5
sentencing; to provide for terms, conditions, and procedures; to provide for an6
effective date; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Children's Code Article 857 (D) is hereby enacted to read as follows: 9
Art. 857. Transfers for criminal prosecution; authority10
* * *11
D.(1) An adult who is charged with an offense committed at the time he12
was a child for which the time limitation for the institution of prosecution13
pursuant to Code of Criminal Procedure Article 571 has not lapsed and for14
which he was subject to prosecution as an adult due to his age at the time the15
offense was committed shall be prosecuted as an adult in the appropriate court16
exercising criminal jurisdiction when evidence of deoxyribonucleic acid is17 SB NO. 736
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offered to establish the identity of the offender in accordance with R.S. 15:441.1.1
If convicted, he shall be punished as an adult as provided by law.2
(2) An adult who is charged with an offense committed at the time he was3
a child for which the time limitation for the institution of prosecution pursuant4
to Code of Criminal Procedure Article 571 has not lapsed and for which he was5
not subject to prosecution as an adult due to his age at the time the offense was6
committed shall be prosecuted as an adult in the appropriate court exercising7
criminal jurisdiction when evidence of deoxyribonucleic acid is offered to8
establish the identity of the offender in accordance with R.S. 15:441.1. If9
convicted, he shall be committed to the custody of the Department of Public10
Safety and Corrections to be confined in secure placement for a period of time11
as determined by the court not to exceed the maximum amount of confinement12
he could have been ordered to serve had he been adjudicated for the offense as13
a child at the time the offense was committed.14
Section 2. Code of Criminal Procedure Article 876 is hereby amended and reenacted15
to read as follows:16
Art. 876. Sentence for crime committed as a child17
A.(1) An adult who is charged with an offense committed at the time he was18
a child for which the time limitation for the institution of prosecution pursuant to19
Code of Criminal Procedure Article 571 has not lapsed and for which he was subject20
to prosecution as an adult due to his age at the time the offense was committed may21
be prosecuted as an adult in the appropriate court exercising criminal jurisdiction. If22
convicted, he shall be punished as an adult as provided by law.23
(2) When evidence of deoxyribonucleic acid is offered to establish the24
identity of the offender in accordance with R.S. 15:441.1, the offender shall be25
prosecuted as an adult in the appropriate court exercising criminal jurisdiction.26
If convicted, he shall be punished as an adult as provided by law.27
B.(1) An adult who is charged with an offense committed at the time he was28
a child for which the time limitation for the institution of prosecution pursuant to29 SB NO. 736
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Code of Criminal Procedure Article 571 has not lapsed and for which he was not1
subject to prosecution as an adult due to his age at the time the offense was2
committed may be prosecuted as an adult in the appropriate court exercising criminal3
jurisdiction. If convicted, he may be committed to the custody of the Department of4
Public Safety and Corrections to be confined in secure placement for a period of time5
as determined by the court not to exceed the maximum amount of confinement he6
could have been ordered to serve had he been adjudicated for the offense as a child7
at the time the offense was committed.8
(2) When evidence of deoxyribonucleic acid is offered to establish the9
identity of the offender in accordance with R.S. 15:441.1, the offender shall be10
prosecuted as an adult in the appropriate court exercising criminal jurisdiction.11
If convicted, he shall be committed to the custody of the Department of Public12
Safety and Corrections to be confined in secure placement for a period of time13
as determined by the court not to exceed the maximum amount of confinement14
he could have been ordered to serve had he been adjudicated for the offense as15
a child at the time the offense was committed.16
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michael Bell.
DIGEST
Dorsey (SB 736)
Present law provides that an adult who is charged with an offense committed at the time he
was a child may be prosecuted as an adult in the appropriate court exercising criminal
jurisdiction.
Proposed law provides that an adult who is charged with an offense committed at the time
he was a child will be prosecuted as an adult in the appropriate court exercising criminal
jurisdiction when evidence of DNA is offered to establish the identity of the offender.
Proposed law maintains present law that provides if the offender is convicted, he will be
committed to the custody of the Department of Public Safety and Corrections to be confined
in secure placement for a period of time as determined by the court not to exceed the
maximum amount of confinement he could have been ordered to serve had he been
adjudicated for the offense as a child.
Proposed law maintains present law that if the offender is convicted, he will be punished as
an adult as provided by law.
Effective August 15, 2010.
(Amends C.Cr.P. Art. 876; adds Ch.C. Art. 857(D))