HLS 11RS-803 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2011
HOUSE BILL NO. 235
BY REPRESENTATIVE ABRAMSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/PROCEDURE: Provides that the 24-hour stay following mistrial applies to
writ application for review by all courts with appellate jurisdiction
AN ACT1
To amend and reenact Code of Criminal Procedure Article 775.1, relative to an automatic2
stay following order of mistrial; to provide that the stay applies to emergency writ3
applications to the appropriate reviewing courts with appellate jurisdiction, including4
the Louisiana Supreme Court; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Criminal Procedure Article 775.1 is hereby amended and7
reenacted to read as follows: 8
Art. 775.1. Automatic stay following order of mistrial9
If a judge orders a mistrial, then upon motion of either the state or the10
defendant, the court shall order an automatic twenty-four-hour stay of all11
proceedings in which either the state or the defendant may take an emergency writ12
application to the appropriate reviewing court courts with appellate jurisdiction,13
including the Louisiana Supreme Court. The jury shall not be released pending the14
stay unless both the state and defendant agree to release the jury.15 HLS 11RS-803 ENGROSSED
HB NO. 235
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Abramson HB No. 235
Abstract: Authorizes the 24-hour stay following a mistrial for appropriate review by all
appropriate reviewing courts with appellate jurisdiction, including the La. Supreme
Court.
Present law provides that if a judge orders a mistrial, the court shall order a 24-hour stay of
all proceedings without releasing the jury while the state or defendant takes an emergency
writ application to the appropriate reviewing court.
Proposed law changes present law to provide that the emergency writ applies to all
reviewing courts with appellate jurisdiction, including the La. Supreme Court.
(Amends C.Cr.P. Art. 775.1)