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ACT No. 698
Regular Session, 2012
HOUSE BILL NO. 202
BY REPRESENTATIVE RICHARDSON
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; to provide for the appointment of counsel; and6
to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Children's Code Article 305(B)(4) and (E) are hereby amended and9
reenacted to read as follows: 10
Art. 305. Divestiture of juvenile court jurisdiction; original criminal court11
jurisdiction over children; when acquired12
* * *13
B.14
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(4) If an indictment is returned or a bill of information is filed, the child is16
subject to the exclusive jurisdiction of the appropriate court exercising criminal17
jurisdiction for all subsequent procedures, including the review of bail applications,18
and the district court may order that the child shall be transferred forthwith to the19
appropriate adult facility for detention prior to his trial as an adult.20
* * *21 ENROLLEDHB NO. 202
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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 court exercising criminal3
jurisdiction shall occur until: until the court exercising criminal jurisdiction appoints4
counsel for the child and provides notification in accordance with Article 809 and5
determines 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 ENROLLEDHB NO. 202
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B. The determination of the juvenile's capacity or incapacity to proceed to1
trial shall be governed by the provisions of Articles 837 and 838 of the Children's2
Code. In all other cases, the provisions of Code of Criminal Procedure Articles 6483
through 649.1 shall govern the determination of capacity or incapacity to proceed to4
trial.5
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: