HLS 18RS-790 ENGROSSED
2018 Regular Session
HOUSE BILL NO. 252
BY REPRESENTATIVE CONNICK
CRIMINAL/TRIALS: Provides for venue for the prosecution of certain crimes
1 AN ACT
2To amend and reenact Code of Criminal Procedure Article 611(B) and to enact Code of
3 Criminal Procedure Article 611(D), relative to venue for the prosecution of certain
4 crimes; to provide for venue for the prosecution of crimes involving the death of a
5 human being and for the crimes of obstruction of justice and accessory after the fact;
6 and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Article 611(B) is hereby amended and
9reenacted and Code of Criminal Procedure Article 611(D) is hereby enacted to read as
10follows:
11 Art. 611. Venue; trial where offense committed
12 * * *
13 B. If the offender is charged with the crime of first or second degree murder
14 any criminal homicide enumerated in R.S. 14:29 or any other crime involving the
15 death of a human being and it cannot be determined where the offense or the
16 elements of the offense occurred, the offense is deemed to have been committed in
17 the parish where the body of the victim was found.
18 * * *
19 D.(1) If the offender is charged with the crime of accessory after the fact, the
20 offense is deemed to have been committed either in the parish where the principal
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 18RS-790 ENGROSSED
HB NO. 252
1 felony was committed or in the parish where any act or element constituting the basis
2 for the accessory after the fact prosecution occurred.
3 (2) If the offender is charged with the crime of obstruction of justice, the
4 offense is deemed to have been committed either in the parish of the underlying
5 actual or potential present, past, or future criminal proceeding or investigation or in
6 the parish where any act or element constituting the basis for the obstruction of
7 justice prosecution occurred.
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)]
HB 252 Engrossed 2018 Regular Session Connick
Abstract: Provides that venue for the prosecution of all crimes involving the death of a
human being shall be in the parish where the body of the victim was found if it
cannot be determined where the offense occurred, and provides for venue for the
prosecution for the crimes of accessory after the fact and obstruction of justice.
Present law provides that if the offender is charged with the crime of first or second degree
murder and it cannot be determined where the offense occurred, the offense is deemed to
have been committed in the parish where the body of the victim was found.
Proposed law expands the application of present law to all crimes involving the death of a
human being.
Proposed law provides that if the offender is charged with the crime of accessory after the
fact, the offense is deemed to have been committed either in the parish where the principal
felony was committed or in the parish where any act or element constituting the basis for the
accessory after the fact prosecution occurred.
Proposed law provides that if the offender is charged with the crime of obstruction of justice,
the offense is deemed to have been committed either in the parish of the underlying criminal
proceeding or investigation or in the parish where any act or element constituting the basis
for the obstruction of justice prosecution occurred.
(Amends C.Cr.P. Art. 611(B); Adds C.Cr.P. Art. 611(D))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Specify that venue for the crime of accessory after the fact, when based upon the
location of any act or element constituting the basis for the offense occurred,
shall be in the parish where such act or element occurred.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.