HLS 20RS-685 ENGROSSED
2020 Regular Session
HOUSE BILL NO. 453
BY REPRESENTATIVE HILFERTY
JUVENILE PROCEDURE: Provides relative to motions to modify disposition
1 AN ACT
2To amend and reenact Children's Code Article 910, relative to modification of disposition;
3 to provide relative to a motion to modify a disposition; to require the motion to be
4 served upon all parties; to provide relative to the circumstances under which a
5 contradictory hearing is required; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Children's Code Article 910 is hereby amended and reenacted to read as
8follows:
9 Art. 910. Modification procedure; generally applicable
10 A. Except as specially provided hereinafter in Articles 911 through 916, a
11 motion for modification may be filed by the district attorney, the child, his parents,
12 the custodian of the child, a probation officer, or the court. A motion for
13 modification shall be in writing and shall set forth in plain and concise terms the
14 facts supporting the modification. A motion for modification shall be served upon
15 all parties at least three days prior to the hearing.
16 B. Any motion to modify may be denied without a hearing for modification
17 shall be tried contradictorily against the district attorney.
18 C. Except as provided in Article 897.1, when the motion to modify seeks the
19 imposition of less restrictive conditions, the court may modify a judgment without
20 a contradictory hearing.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 20RS-685 ENGROSSED
HB NO. 453
1 D. When the motion to modify seeks the imposition of more restrictive
2 conditions, the court shall conduct a contradictory hearing, except upon the waiver
3 of the parties.
4 E.D. A judgment of disposition shall not be modified to release a child from
5 the custody of a public or private mental institution or an institution for persons with
6 mental illness without three days prior notice to the district attorney and the
7 institution.
8 F.E. If a judgment of disposition is modified, a copy of the minute entry
9 reflecting the modification shall be served upon the district attorney, the child, his
10 parent, and any person, institution, or agency to whom custody of the child is
11 assigned.
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 453 Engrossed 2020 Regular Session Hilferty
Abstract: Requires motions for modification to be served upon all parties at least three
days prior to the hearing and provides relative to the court's authority to modify a
disposition with or without a contradictory hearing.
Present law provides that a motion for modification may be filed by the district attorney, the
child, his parents, the custodian of the child, a probation officer, or the court.
Proposed law requires a motion for modification to be served upon all parties at least three
days prior to the hearing.
Present law provides that a motion to modify may be denied without a hearing and further
provides that a hearing is not required if the motion to modify seeks the imposition of less
restrictive conditions. Further provides that when the motion to modify seeks the imposition
of more restrictive conditions, the court shall conduct a contradictory hearing, except upon
the waiver of the parties.
Proposed law provides that any motion for modification shall be tried contradictorily against
the district attorney and removes the present law provisions which authorize the court to
deny a motion to modify or to impose less restrictive conditions without a contradictory
hearing.
Proposed law retains the present law provisions which authorize the parties to waive a
contradictory hearing when the motion to modify seeks the imposition of more restrictive
conditions.
(Amends Ch.C. Art. 910)
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are additions. HLS 20RS-685 ENGROSSED
HB NO. 453
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Change the time period within which a motion for modification is required to be
served upon all parties from at least 10 to at least three days prior to the hearing.
2. Remove the present law provision which authorizes the court to deny a motion
to modify without a contradictory hearing.
3. Provide that any motion for modification shall be tried contradictorily against the
district attorney.
4. Restore the present law provision which requires the court to conduct a
contradictory hearing when the motion to modify seeks the imposition of more
restrictive conditions, except upon the waiver of the parties.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.