HLS 20RS-388 ORIGINAL
2020 Regular Session
HOUSE BILL NO. 120
BY REPRESENTATIVE JAMES
CRIMINAL/PROCEDURE: Provides relative to pretrial procedures regarding the right to
a speedy trial
1 AN ACT
2To amend and reenact Code of Criminal Procedure Article 701(B), (C), and
3 (D)(1)(introductory paragraph) and (3), relative to the right to a speedy trial; to
4 provide relative to the time period within which a bill of information or indictment
5 is filed; to provide relative to the time period for setting an arraignment; to provide
6 relative to the defendant's bail obligation under certain circumstances; to provide
7 relative to the effect of a defendant's motion for speedy trial on certain duties of the
8 state with regard to discovery; to provide relative to the court's authority to suspend
9 or dismiss a pending speedy trial motion; and to provide for related matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. Code of Criminal Procedure Article 701(B), (C), and (D)(1)(introductory
12paragraph) and (3) are hereby amended and reenacted to read as follows:
13 Art. 701. Right to a speedy trial
14 * * *
15 B. The time period for filing a bill of information or indictment after arrest
16 shall be as follows:
17 (1)(a) When Except as provided in Subsubparagraph (b) of this
18 Subparagraph, when the defendant is continued in custody subsequent to an arrest,
19 an indictment or information shall be filed within forty-five five days of the arrest
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HB NO. 120
1 if the defendant is being held for a misdemeanor and within sixty days of the arrest
2 if the defendant is being held for a felony.
3 (b) When the defendant is continued in custody subsequent to an arrest for
4 a felony for which punishment may be death or life imprisonment, an indictment
5 shall be filed within one hundred twenty thirty days of the arrest if the defendant is
6 being held for a felony for which the punishment may be death or life imprisonment.
7 (c) If the state fails to institute prosecution as provided in this Subparagraph,
8 the court shall order the release of the defendant.
9 (2)(a) When Except as provided in Subsubparagraph (b) of this
10 Subparagraph, when the defendant is not continued in custody subsequent to arrest,
11 an indictment or information shall be filed within ninety thirty days of the arrest if
12 the defendant is booked with a misdemeanor and one hundred fifty days of the arrest
13 if the defendant is booked with a felony.
14 (b) When the defendant is not continued in custody subsequent to arrest for
15 a felony for which punishment may be death or life imprisonment, an indictment
16 shall be filed within sixty days of the arrest.
17 (b)(c) Failure to institute prosecution as provided in Subparagraph (1) of this
18 Paragraph shall result in release of the defendant if, after contradictory hearing with
19 the district attorney, just cause for the failure is not shown. If just cause is shown,
20 the court shall reconsider bail for the defendant. Failure to institute prosecution as
21 provided in this Subparagraph shall result in the release of the bail obligation of the
22 defendant if, after contradictory hearing with the district attorney, just cause for the
23 delay is not shown.
24 C.(1) Upon When the defendant is in custody upon the filing of a bill of
25 information or indictment, the district attorney shall set the matter for arraignment
26 within thirty seven days, exclusive of holidays, unless just cause for a longer delay
27 is shown. If no just cause for the delay is shown, the defendant shall be released.
28 (2) When the defendant is not in custody upon the filing of a bill of
29 information or indictment, the district attorney shall set the matter for arraignment
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HB NO. 120
1 within thirty days, exclusive of holidays, unless just cause for a longer delay is
2 shown. If no just cause for the delay is shown, the defendant shall be relieved of his
3 bail obligation.
4 D.(1) A motion by the defendant for a speedy trial, in order to be valid, must
5 be accompanied by an affidavit by defendant's counsel certifying that the defendant
6 and his counsel are prepared to proceed to trial within the delays set forth in this
7 Article. A defendant's motion for speedy trial does not relieve the state of its duty
8 to provide the defendant with any evidence constitutionally required to be disclosed
9 pursuant to Brady v. Maryland, 373 U.S. 83 (1963) and its progeny, nor does it
10 relieve the state of its duty to provide previously requested discovery pursuant to
11 Code of Criminal Procedure Article 716 et seq. Except as provided in Subparagraph
12 (3) of this Paragraph, after the filing of a motion for a speedy trial by the defendant
13 and his counsel, the time period for commencement of trial shall be as follows:
14 * * *
15 (3) After a motion for a speedy trial has been filed by the defendant, if the
16 defendant files any subsequent motion which requires a contradictory hearing, except
17 for motions relating to the state's duty to provide the defendant with any evidence
18 constitutionally required to be disclosed pursuant to Brady v. Maryland, 373 U.S. 83
19 (1963) and its progeny, motions relating to previously invoked rights to discovery
20 pursuant to Code of Criminal Procedure Article 716 et seq., motions in limine
21 regarding the presentation of evidence at trial, motions for jury instructions, and
22 other motions that do not necessitate a delay in the commencement of the trial
23 beyond the dates set forth in Paragraph D of this Article, the court may suspend, in
24 accordance with Article 580, or dismiss upon a finding of bad faith the pending
25 speedy trial motion. In addition, the period of time within which the trial is required
26 to commence, as set forth by Article 578, may be suspended, in accordance with
27 Article 580, from the time that the subsequent motion is filed by the defendant until
28 the court rules upon such motion.
29 * * *
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HB NO. 120
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 120 Original 2020 Regular Session James
Abstract: Provides relative to the time period within which a bill of information or
indictment is filed, the time period for setting an arraignment, the release or
reconsideration of the defendant's bail obligation under certain circumstances, and
other procedures relative to the right to a speedy trial.
Present law provides that the time period for filing a bill of information or indictment after
arrest is as follows:
(1)When the defendant is continued in custody subsequent to an arrest, an indictment
or information shall be filed within 45 days of the arrest if the defendant is being
held for a misdemeanor and within 10 days of the arrest if the defendant is being held
for a felony.
(2)When the defendant is continued in custody subsequent to an arrest, an indictment
shall be filed within 120 days of the arrest if the defendant is being held for a felony
for which the punishment may be death or life imprisonment.
(3)When the defendant is not continued in custody subsequent to arrest, an indictment
or information shall be filed within 90 days of the arrest if the defendant is booked
with a misdemeanor and 150 days of the arrest if the defendant is booked with a
felony.
Proposed law amends present law as follows:
(1)When the defendant is continued in custody subsequent to an arrest, decreases the
time period within which an indictment or information shall be filed to within five
days of the arrest regardless of whether the defendant is being held for a
misdemeanor or for a felony.
(2)When the defendant is continued in custody subsequent to an arrest for a felony for
which the punishment may be death or life imprisonment, decreases the time period
within which an indictment shall be filed from within 120 days of arrest to within 30
days of the arrest.
(3)When the defendant is not continued in custody subsequent to arrest, decreases the
time period within which an indictment or information shall be filed to within 14
days of the arrest regardless of whether the defendant is booked with a misdemeanor
or felony.
(4)Adds that when the defendant is not continued in custody subsequent to arrest for a
felony for which punishment may be death or life imprisonment, an indictment shall
be filed within 60 days of the arrest.
Present law provides that when the defendant is continued in custody subsequent to arrest,
failure to institute prosecution as provided in present law shall result in release of the
defendant if, after contradictory hearing with the district attorney, just cause for the failure
is not shown. If just cause is shown, present law requires the court to reconsider bail for the
defendant.
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HB NO. 120
Proposed law amends present law to remove the requirement that a contradictory hearing be
held prior to ordering the release of the defendant.
Present law provides that when the defendant is not continued in custody subsequent to
arrest, failure to institute prosecution as provided in present law shall result in the release of
the bail obligation if, after contradictory hearing with the district attorney, just cause for the
delay is not shown.
Proposed law retains present law.
Present law provides that upon filing of a bill of information or indictment, the district
attorney shall set the matter for arraignment within 30 days unless just cause for a longer
delay is shown.
Proposed law amends present law to provide:
(1)When the defendant is in custody upon the filing of a bill of information or
indictment, the district attorney shall set the matter for arraignment within seven
days, exclusive of holidays, unless just cause for a longer delay is shown. If no just
cause for the delay is shown, the defendant shall be released.
(2)When the defendant is not in custody upon the filing of a bill of information or
indictment, the district attorney shall set the matter for arraignment within 30 days,
exclusive of holidays, unless just cause for a longer delay is shown. If no just cause
for the delay is shown, the defendant shall be relieved of his bail obligation.
Present law provides that after a motion for a speedy trial has been filed by the defendant,
if the defendant files any subsequent motion which requires a contradictory hearing, the
court may suspend or dismiss upon a finding of bad faith the pending speedy trial motion.
Proposed law amends present law to provide that certain preliminary motions which require
a contradictory hearing are not grounds for which the court may suspend or dismiss a
pending speedy trial motion. Such motions include but are not limited to motions relating
to the state's duty to provide the defendant with any evidence constitutionally required to be
disclosed pursuant to Brady v. Maryland, 373 U.S. 83 (1963) and its progeny, motions
relating to previously invoked rights to discovery pursuant to present law, motions in limine
regarding the presentation of evidence at trial, motions for jury instructions, and other
motions do not necessitate a delay in the commencement of the trial beyond the dates set
forth in present law.
Proposed law provides that a defendant's motion for speedy trial does not relieve the state
of its continued burden to comply with the holding in the case Brady v. Maryland, 373 U.S.
83 (1963) and its progeny, nor does it relieve the state of its duty to provide previously
requested discovery pursuant to present law.
(Amends C.Cr.P. Art. 701(B), (C), and (D)(1)(intro. para.) and (3))
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