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.
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))