HLS 19RS-862 REENGROSSED
2019 Regular Session
HOUSE BILL NO. 306
BY REPRESENTATIVE JEFFERSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
JUVENILE PROCEDURE: Provides relative to continued custody hearings
1 AN ACT
2To amend and reenact Children's Code Article 819, relative to juvenile delinquency; to
3 provide relative to continued custody hearings; to provide relative to the time period
4 within which a continued custody hearing is required to be set; and to provide for
5 related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Children's Code Article 819 is hereby amended and reenacted to read as
8follows:
9 Art. 819. Continued custody hearing; time limitations
10 If a child is not released to the care of his parents, the court shall set and hold
11 a hearing shall be held by the court within three days after the child's entry into the
12 juvenile detention center or shelter care facility. The three-day period includes any
13 day that is included as a legal holiday under Children's Code Article 114. When the
14 last day of the three-day period is a legal holiday, the hearing shall be set and held
15 on the next business day that is not a legal holiday. If the hearing is not held, the
16 child shall be released unless the hearing is continued at the request of the child.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-862 REENGROSSED
HB NO. 306
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 306 Reengrossed 2019 Regular Session Jefferson
Abstract: Provides relative to the time period within which a continued custody hearing is
required to be held when a child is not released to the care of his parents after the
commission of a delinquent act.
Present law (Ch.C. Art. 819) provides if a child is not released to the care of his parents, a
hearing shall be held by the court within three days after the child's entry into the juvenile
detention center or shelter care facility. If the hearing is not held, the child shall be released
unless the hearing is continued at the request of the child.
In addition, present law (Ch.C. Art. 114) provides that all Saturdays and Sundays are also
considered as legal holidays.
Proposed law amends present law (Ch.C. Art. 819) to provide that if a child is not released
to the care of his parents, the court shall set and hold a hearing within the time period set
forth in present law.
Proposed law further provides that the three-day period includes any day that is included as
a legal holiday under present law (Ch.C. Art.114). When the last day of the three-day period
is a legal holiday, proposed law requires the hearing to be set and held on the next business
day that is not a legal holiday.
(Amends Ch.C. Art. 819)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Remove the proposed law provision that prohibited the time period for holding
the continued custody hearing from exceeding four days, including legal
holidays.
The House Floor Amendments to the engrossed bill:
1. Make technical corrections.
2. Specify that when the last day of the three-day period is a legal holiday, the
hearing shall be set and held on the next business day that is not a legal holiday.
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.