Louisiana 2020 2020 Regular Session

Louisiana House Bill HB453 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 453 Original	2020 Regular Session	Hilferty
Abstract:  Requires motions for modification to be served upon all parties at least 10 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 10 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.
Proposed law retains the court's authority to deny a motion to modify without a hearing but repeals
their authority to impose less restrictive conditions without a contradictory hearing.
Present law 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 removes the requirement that a contradictory hearing be held when the motion to
modify seeks to impose more restrictive conditions.
(Amends Ch.C. Art. 910)