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 834 Original 2018 Regular Session Marcelle
Abstract: Provides for special prosecution procedures in officer-involved incidents which cause
serious bodily injury or death to another individual.
Present law provides for the initiation of criminal proceedings through a bill of information or grand
jury indictment at the discretion of the district attorney.
Proposed law provides that in officer-involved incidents, prosecution may only be initiated by grand
jury indictment.
Present constitution (Art. IV, ยง8) authorizes the attorney general to intervene in criminal proceedings
in certain circumstances.
Proposed law requires law enforcement agencies to report officer-involved incidents to the district
court with jurisdiction within 72 hours of the incident. The court shall refer the matter to the
attorney general, and the attorney general shall either: (1) institute, prosecute, or intervene in the
criminal proceeding involving an officer-involved incident, or (2) appoint a special prosecutor to
perform the duties of the district attorney who would have otherwise had charge of the prosecution.
Proposed law defines "officer-involved incidents" and "serious bodily injury".
(Amends C.Cr.P. Art. 382(A); Adds C.Cr.P. Art. 382(C) and R.S. 49:260)