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First Extraordinary Session, 2011
HOUSE BILL NO. 22
BY REPRESENTATIVE WOOTON
CENSUS: Provides relative to provisions of the Code of Criminal Procedure which are
limited in applicability to political subdivisions or local areas meeting specified
population characteristics (Item #8)
AN ACT1
To amend and reenact Code of Criminal Procedure Articles 161(B), 211.6(A), 324(B) and2
(C), 336(B)(introductory paragraph), and 404.1(A), relative to provisions of the Code3
of Criminal Procedure which are limited in applicability to certain political4
subdivisions or local areas based upon population classifications; to specify5
applicability to one or more political subdivisions or local areas; and to provide for6
related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Code of Criminal Procedure Articles 161(B), 211.6(A), 324(B) and (C),9
336(B)(introductory paragraph), and 404.1(A) are hereby amended and reenacted to read as10
follows: 11
Art. 161. Property subject to seizure12
* * *13
B. A judge of a city court located in a municipality with a population of14
between twelve thousand and fifteen thousand, in a parish the population of which15
is between twenty-five thousand and thirty-five thousand, within a judicial district16
composed of two parishes the city of Bastrop may, only with the consent of the17
judicial district court, issue a warrant authorizing the search for and seizure of18
anything within the territorial jurisdiction of the district court.19
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HB NO. 22
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Art. 211.6. Contempt; attachment of arrest for failing to appear; summons by peace1
officer instead of arrest2
A. Notwithstanding any other provision of law to the contrary, in any parish3
having a population in excess of four hundred eighty-two thousand people as4
determined by the most recent federal decennial census Orleans Parish, when a peace5
officer serving a subpoena, summons, or notice to appear in court for a misdemeanor6
traffic offense or a nonviolent offense, except for possession of illegal weapons and7
driving under the influence, has reasonable grounds to believe that the conduct of an8
offender constitutes a direct contempt of court because the offender contumaciously9
fails to comply with such subpoena, summons, or notice to appear in court, and proof10
of service of the subpoena, summons, or notice appears of record, then either the11
court may order the offender attached and brought to court or the peace officer may12
issue a written citation or summons to the offender commanding him to appear and13
answer the direct contempt charge.14
* * *15
Art. 324. Cash deposits16
* * *17
B. Upon final disposition of all cases in which a deposit of money, checks,18
bonds, or money orders has been made pursuant to this Article, and said deposits19
have remained unclaimed for a period of one year from the date of said the final20
disposition, the officer authorized to accept said bail shall apply and use one-half of21
said such funds for the operation and maintenance of the office of the clerk of court,22
or the office of the clerk of the criminal district court, or the office of the clerk of the23
criminal district court in parishes having a population of four hundred fifty thousand24
or more Orleans Parish, and one-half to the local governing authority after25
advertising his intention to so utilize said the funds by publication in the official26
parish journal of a notice to the public containing an itemized list of all of said such27
funds on deposit, containing the names and last known addresses of defendants and28
the docket numbers of the cases involved. Said The publication shall be made once29 HLS 111ES-31 REENGROSSED
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within thirty days after the final disposition of the case as aforesaid. The clerk shall1
also send a notice by certified mail to each of said such defendants at the last known2
address of said the defendant. Any interest earned on the funds deposited for bail3
shall be disbursed as provided in Paragraph E of this Article.4
C. After said the publication and mailing of said the notice by certified mail,5
the clerk of court, or the clerk of the criminal district court in parishes having a6
population of four hundred fifty thousand or more Orleans Parish shall petition the7
court of proper jurisdiction for permission to utilize said the funds for the use,8
operation, and maintenance of the office of the clerk of court or the clerk of criminal9
district court in parishes having a population of four hundred fifty thousand or more10
Orleans Parish.11
* * *12
Art. 336. Release conditioned on participation in pretrial drug testing program13
* * *14
B. The court may, and in all parishes municipalities with a population of four15
three hundred thousand or more persons shall, implement a pretrial drug testing16
program which shall provide for the following:17
* * *18
Art. 404.1. Powers, duties, and functions of the board of jury commissioners in19
parishes of four hundred seventy-five thousand or more Orleans Parish20
A. Notwithstanding any other law to the contrary, this Article shall apply to21
the board of jury commissioners in parishes of four hundred seventy-five thousand22
or more in population Orleans Parish. In such parishes Orleans Parish, there shall23
be a board of jury commissioners, hereinafter referred to as "the board", composed24
of five members appointed by the governor, subject to confirmation of the Senate,25
to serve at his pleasure. The board shall meet at least once every six months and26
when it is ordered to do so by the court and may meet to select or supplement the27
general venire for grand and petit jurors. Three members shall constitute a quorum.28 HLS 111ES-31 REENGROSSED
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The board may select a new general venire at any meeting and shall do so when1
ordered by the court.2
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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)]
Wooton HB No. 22
Abstract: Updates the applicability of provisions of the Code of Criminal Procedure as a
result of the 2010 census.
Proposed law, contained in the Code of Criminal Procedure, legislates with regard to
classifications of parishes, municipalities, or other political subdivisions or local areas
according to population by enacting local bills to limit the application of laws based upon
specific classifications to one or more parishes, municipalities, or other political subdivisions
or local areas, by adjusting the population ranges affected by the 2010 census, and by
repealing certain provisions based upon certain population classification ranges, as follows:
CITATION/
TOPIC
EXISTING LAW AFFECTED
LOCATIONS
PROPOSED
LAW
C.Cr.P. Art. 161(B) -
Issuance of search and
seizure warrants
A city court located in a
municipality with a
population of between
(a) 12,000 and 15,000 in
a parish with a
population of
(b) 25,000 - 35,000,
within a judicial district
composed of two
parishes
(a) City of
Bastrop (1990,
2000 census)
(b) Parish of
Morehouse
(1990, 2000
census)
City court
located in the
city of
Bastrop
C.Cr.P. Art. 211.6(A) -
Issuance of citation or
summons for contempt
by peace officer
Any parish having a
population of 482,000+
Orleans Parish
(2000 census)
Orleans
Parish
C.Cr.P. Art. 324(B) and
(C) - Use of unclaimed
bail cash deposits
Criminal district court in
parishes having a
population of 450,000+
Orleans Parish
(1990, 2000
census)
Orleans
Parish HLS 111ES-31 REENGROSSED
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C.Cr.P. Art. 336(B) -
Pretrial drug testing
programs
All parishes having a
population of 400,000+
Orleans Parish
(1990, 2000
census)
Any
municipality
with a
population of
300,000+
C.Cr.P. Art. 404.1(A) -
Powers and duties of
jury commissioners
All parishes having a
population of 475,000+
Orleans Parish
(1980, 1990,
2000 census)
Orleans
Parish
(Amends C.Cr.P. Arts. 161(B), 211.6(A), 324(B) and (C), 336(B)(intro. para.), and
404.1(A))