RÉSUMÉ DIGEST
ACT 285 (HB 759) 2020 Regular Session Marino
Existing law provides for certain time periods, limitations, and delays pertaining to the
initiation, continuation, prosecution, defense, appeal, and post-conviction relief of any
prosecution of any state or municipal criminal, juvenile, wildlife, or traffic matter within the
state of La.
New law retains existing law but provides that if the governor has declared a disaster or
emergency or a public health emergency, the supreme court is authorized to issue an order,
or series of orders as it determines to be necessary and appropriate, that shall have the full
force and effect of suspending all time periods, limitations, and delays pertaining to the
initiation, continuation, prosecution, defense, appeal, and post-conviction relief of any
prosecution of any state or municipal criminal, juvenile, wildlife, or traffic matter within the
state of La. including but not limited to any such provisions in the Code of Criminal
Procedure, the Children's Code, and Titles 14, 15, 32, 40, and 56 of the La. Revised Statutes,
or in any other provision of La. law, for a determinate period of 30 days except as otherwise
provided by new law.
New law provides that the 30-day period shall commence to run from the date the supreme
court issues the order or from a particular date specified by the court in the order, whichever
is earlier.
New law provides that the 30-day period may be extended by further order of the supreme
court for additional successive periods with each period not exceeding 30 days.
New law provides that the period of suspension authorized by the provisions of new law shall
terminate upon order of the supreme court or upon termination of the declared emergency,
disaster, or public health emergency, whichever is earlier.
New law does not apply to time periods, delays, or limitations applicable to the maximum
time for appearance before a judge for the purpose of appointment of counsel (C.Cr.P. Art.
230.1), the time period within which a probable cause determination is required to be made
(C.Cr.P. Art. 230.2), the time period within which an arrested person is required to be taken
before a judge to determine the lawfulness of the arrest (C.Cr.P. Art. 232), and the time
period within which a continued custody hearing is required after a child has been taken into
custody in Child in Need of Care and delinquency cases (Ch.C. Art. 624 and 819).
New law provides that nothing in new law shall be construed to negate or impair the
application of any other provision of present law regarding the suspension or interruption of
time periods, limitations, or delays.
Effective upon signature of governor (June 11, 2020).
(Adds C.Cr.P. Art. 958)