HLS 13RS-1004 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2013
HOUSE BILL NO. 512
BY REPRESENTATIVE MORENO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/TRIALS: Provides relative to the interruption of time limitations for the
commencement of a criminal trial
AN ACT1
To enact Code of Criminal Procedure Article 579(C), relative to time limitations for2
criminal trials; to provide relative to the time limitations for the commencement of3
a criminal trial; to provide relative to the interruption of time limitations for the4
commencement of a criminal trial; to provide for definitions; and to provide for5
related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Criminal Procedure Article 579(C) is hereby enacted to read as8
follows:9
Art. 579. Interruption of time limitation10
* * *11
C. If the defendant fails to appear in court pursuant to any provision of this12
Article and the defendant is subsequently arrested, the periods of limitations13
established by Article 578 of this Code shall not commence to run anew until the14
defendant appears in person in open court where the case on the original charge is15
pending, or the district attorney prosecuting the original charge has notice of the16
defendant's custodial location. For purposes of this Paragraph, "notice" shall mean17
either of the following:18
(1) Filing in the court record by either the defendant or his counsel advising19
the court of his incarceration with a copy provided to the district attorney and20
certification of notice provided to the district attorney; or21 HLS 13RS-1004 ENGROSSED
HB NO. 512
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(2) Following the seventy-two hour hearing provided by Article 230.1 of this1
Code, actual notice of arrest is provided to the district attorney and filed in the record2
of the proceeding of which the warrant against the defendant was issued.3
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)]
Moreno HB No. 512
Abstract: Provides relative to the interruption of time limitations for the commencement
of a criminal trial when a defendant fails to appear in court and is subsequently
arrested.
Present law provides for the specific time limitations within which a criminal trial must
commence.
Present law provides that such time limitations shall be interrupted if any of the following
occur:
(1)The defendant at any time, with the purpose to avoid detection, apprehension, or
prosecution, flees from the state, is outside the state, or is absent from his usual place
of abode within the state.
(2)The defendant cannot be tried because of insanity or because his presence for trial
cannot be obtained by legal process, or for any other cause beyond the control of the
state.
(3)The defendant fails to appear at any proceeding pursuant to actual notice, proof of
which appears of record.
Present law further provides that these periods of limitation shall commence to run anew
from the date the cause of interruption no longer exists.
Proposed law provides that if the defendant fails to appear in court pursuant to any provision
of present law and the defendant is subsequently arrested, the periods of limitations shall not
commence to run anew until the defendant appears in person in open court where the case
on the original charge is pending, or the district attorney prosecuting the original charge has
notice of the defendant's custodial location. Further provides for a definition of "notice".
(Adds C.Cr.P. Article 579(C))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Provided that the time limitation shall not begin to run anew until either the
defendant appears in court where the original charge is pending, or the district
attorney prosecuting the original charge has notice of his custodial location.
2. Added a definition of "notice" for purposes of proposed law.