Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010 ENROLLED
SENATE BILL NO. 736
BY SENATOR DORSEY
AN ACT1
To amend and reenact Code of Criminal Procedure Article 876 and Children's Code Article2
857(C), relative to criminal procedure; to provide for prosecution and sentencing of3
adults for certain crimes committed as a child; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Children's Code Article 857(C) is hereby amended and reenacted to read6
as follows:7
Art. 857. Transfers for criminal prosecution; authority8
* * *9
C.(1) An adult who is charged with an offense committed at the time he was10
a child for which the time limitation for the institution of prosecution pursuant to11
Code of Criminal Procedure Art. 571 has not lapsed and for which he was subject to12
prosecution as an adult due to his age at the time the offense was committed may13
shall be prosecuted as an adult in the appropriate court exercising criminal14
jurisdiction. If convicted, he shall be punished as an adult as provided by law.15
(2) An adult who is charged with an offense committed at the time he was16
a child for which the time limitation for the institution of prosecution pursuant to17
Code of Criminal Procedure Art. 571 has not lapsed and for which he was not subject18
to prosecution as an adult due to his age at the time the offense was committed may19
shall be prosecuted as an adult in the appropriate court exercising criminal20
jurisdiction. If convicted, he shall be committed to the custody of the Department of21
Public Safety and Corrections to be confined in secure placement for a period of time22
as determined by the court not to exceed the maximum amount of confinement he23
could have been ordered to serve had he been adjudicated for the offense as a child24
at the time the offense was committed.25
ACT No. 805 SB NO. 736 ENROLLED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Section 2. Code of Criminal Procedure Article 876 is hereby amended and reenacted1
to read as follows:2
Art. 876. Sentence for crime committed as a child3
A. An adult who is charged with an offense committed at the time he was a4
child for which the time limitation for the institution of prosecution pursuant to Code5
of Criminal Procedure Article 571 has not lapsed and for which he was subject to6
prosecution as an adult due to his age at the time the offense was committed may7
shall be prosecuted as an adult in the appropriate court exercising criminal8
jurisdiction. If convicted, he shall be punished as an adult as provided by law.9
B. An adult who is charged with an offense committed at the time he was a10
child for which the time limitation for the institution of prosecution pursuant to Code11
of Criminal Procedure Article 571 has not lapsed and for which he was not subject12
to prosecution as an adult due to his age at the time the offense was committed may13
shall be prosecuted as an adult in the appropriate court exercising criminal14
jurisdiction. If convicted, he may be committed to the custody of the Department of15
Public Safety and Corrections to be confined in secure placement for a period of time16
as determined by the court not to exceed the maximum amount of confinement he17
could have been ordered to serve had he been adjudicated for the offense as a child18
at the time the offense was committed.19
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: