Louisiana 2019 2019 Regular Session

Louisiana House Bill HB306 Comm Sub / Analysis

                    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 Engrossed	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 legal holiday defined by 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 following the 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.