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ACT No. 87
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.
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-fo ur-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
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: