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Regular Session, 2012
HOUSE BILL NO. 202
BY REPRESENTATIVE RICHARDSON
JUVENILE PROCEDURE: Provides relative to jurisdiction over certain juvenile
proceedings
AN ACT1
To amend and reenact Children's Code Article 305(B)(4) and (E) and Code of Criminal2
Procedure Article 644.1, relative to juvenile proceedings; to amend provisions3
relative to divestiture of juvenile court jurisdiction; to provide relative to the4
jurisdiction over mental capacity determinations; to provide relative to mental5
capacity determination proceedings; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Children's Code Article 305(B)(4) and (E) are hereby amended and8
reenacted to read as follows: 9
Art. 305. Divestiture of juvenile court jurisdiction; original criminal court10
jurisdiction over children; when acquired11
* * *12
B.13
* * *14
(4) If an indictment is returned or a bill of information is filed, the child is15
subject to the exclusive jurisdiction of the appropriate court exercising criminal16
jurisdiction for all subsequent procedures, including the review of bail applications,17
and the district court may order that the child shall be transferred forthwith to the18
appropriate adult facility for detention prior to his trial as an adult.19
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E.(1) If a competency or sanity examination is ordered, except for the filing1
of a delinquency petition, the return of an indictment, or the filing of a bill of2
information, no further steps to prosecute the child in a the court exercising criminal3
jurisdiction shall occur until: until counsel is appointed for the child and notified in4
accordance with Article 809 and the proper court exercising jurisdiction determines5
the child's mental capacity to proceed.6
(a) Counsel is appointed for the child and notified in accordance with Article7
809; and8
(b) The court determines mental capacity to proceed in accordance with9
Chapter 7 of Title VIII.10
(2) When a child has been charged with one or more of the crimes listed in11
Article 857, has reached twenty-one years of age and is incompetent, the court on its12
own motion or on the motion of the district attorney may conduct a hearing to13
consider whether to transfer the child for further proceedings to the appropriate court14
exercising criminal jurisdiction. When an indictment has been returned or a bill of15
information has been filed pursuant to this Subsection, the district court exercising16
criminal jurisdiction shall be the proper court to determine the child's mental17
capacity to proceed. In all other instances, the juvenile court shall be the proper18
court to make this determination. 19
Section 2. Code of Criminal Procedure Article 644.1 is hereby amended and20
reenacted to read as follows:21
Art. 644.1. Sanity proceedings for juvenile defendants transferred to criminal court22
A. Any juvenile transferred for criminal trial in accordance with Articles 30523
and 857 of the Louisiana Children's Code may seek a special sanity hearing. That24
hearing which shall be conducted in accordance with Articles 833 through 836 of the25
Louisiana Children's Code.26
B. The determination of the juvenile's capacity or incapacity to proceed to27
trial shall be governed by the provisions of Articles 837 and 838 of the Children's28
Code. In all other cases, the provisions of Code of Criminal Procedure Articles 64829 HLS 12RS-866 REENGROSSED
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through 649.1 shall govern the determination of capacity or incapacity to proceed to1
trial.2
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)]
Richardson HB No. 202
Abstract: Provides relative to the divestiture of juvenile court jurisdiction and jurisdiction
over mental capacity determinations.
Present law provides that a child who is 15 years of age or older at the time of the
commission of certain enumerated offenses is subject to the exclusive jurisdiction of the
juvenile court until either an indictment charging one of those offenses is returned, or the
juvenile court finds probable cause that he committed one of those offenses, whichever
occurs first.
Present law provides that if an indictment is returned or a bill of information is filed, the
child is subject to the exclusive jurisdiction of the appropriate court exercising criminal
jurisdiction for all subsequent procedures, including the review of bail applications, and the
child shall be transferred to the appropriate adult facility for detention prior to his trial as an
adult.
Present law provides that if a competency or sanity examination is ordered, the criminal
proceedings are stayed except for the filing of a delinquency petition, and no further steps
to prosecute the child shall occur until counsel is appointed for the child and notified, and
the court determines mental capacity to proceed.
Proposed law amends present law and provides that the district court may order that the child
be transferred to the appropriate adult facility for detention prior to his trial as an adult.
Proposed law amends present law and provides that if a competency or sanity examination
is ordered, the criminal proceedings are stayed except for the filing of a delinquency petition,
the return of an indictment, or the filing of a bill of information, and no further steps to
prosecute the child shall occur until counsel is appointed for the child and notified and the
child's mental capacity to proceed has been determined.
Proposed law provides that when an indictment has been returned or a bill of information
is filed, the district court exercising criminal jurisdiction shall be the proper court to
determine the child's mental capacity to proceed, and provides that in all other instances, the
juvenile court shall be the proper court to make this determination.
Present law provides that any juvenile transferred for criminal trial in accordance with Ch.C.
Arts. 305 and 857 may seek a special sanity hearing which shall be conducted in accordance
with Ch.C. Arts. 833-836 and provides that the provisions of C.Cr.P. Arts. 648-649.1 shall
govern the determination of capacity or incapacity to proceed to trial.
Proposed law retains present law and further provides that the determination of the juvenile's
capacity to proceed to trial shall be governed by the provisions of Ch.C. Arts. 837-838.
(Amends Ch.C. Art. 305(B)(4) and (E) and C.Cr.P. Art. 644.1) HLS 12RS-866 REENGROSSED
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Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Added provision which states that if a competency or sanity examination is
ordered, no further steps to prosecute the child shall occur until counsel is
appointed for the child.