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First Extraordinary Session, 2011
HOUSE BILL NO. 22
BY REPRESENTATIVE WOOTON
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
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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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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
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Art. 324. Cash deposits16
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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 ENROLLEDHB NO. 22
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the docket numbers of the cases involved. Said The publication shall be made once1
within thirty days after the final disposition of the case as aforesaid. The clerk shall2
also send a notice by certified mail to each of said such defendants at the last known3
address of said the defendant. Any interest earned on the funds deposited for bail4
shall be disbursed as provided in Paragraph E of this Article.5
C. After said the publication and mailing of said the notice by certified mail,6
the clerk of court, or the clerk of the criminal district court in parishes having a7
population of four hundred fifty thousand or more Orleans Parish shall petition the8
court of proper jurisdiction for permission to utilize said the funds for the use,9
operation, and maintenance of the office of the clerk of court or the clerk of criminal10
district court in parishes having a population of four hundred fifty thousand or more11
Orleans Parish.12
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Art. 336. Release conditioned on participation in pretrial drug testing program14
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B. The court may, and in all parishes municipalities with a population of four16
three hundred thousand or more persons shall, implement a pretrial drug testing17
program which shall provide for the following:18
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Art. 404.1. Powers, duties, and functions of the board of jury commissioners in20
parishes of four hundred seventy-five thousand or more Orleans Parish21
A. Notwithstanding any other law to the contrary, this Article shall apply to22
the board of jury commissioners in parishes of four hundred seventy-five thousand23
or more in population Orleans Parish. In such parishes Orleans Parish, there shall24
be a board of jury commissioners, hereinafter referred to as "the board", composed25
of five members appointed by the governor, subject to confirmation of the Senate,26
to serve at his pleasure. The board shall meet at least once every six months and27
when it is ordered to do so by the court and may meet to select or supplement the28
general venire for grand and petit jurors. Three members shall constitute a quorum.29 ENROLLEDHB NO. 22
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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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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: