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.