HLS 21RS-428 REENGROSSED
2021 Regular Session
HOUSE BILL NO. 46
BY REPRESENTATIVES JAMES AND JORDAN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/JUSTICE: Provides relative to certain pretrial procedures
1 AN ACT
2To amend and reenact Code of Criminal Procedure Article 701(B)(1)(a), relative to pretrial
3 motions for speedy trial; to provide relative to a defendant in continued custody; and
4 to provide for related matters.
5Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Criminal Procedure Article 701(B)(1)(a) is hereby amended and
7reenacted to read as follows:
8 Art. 701. Right to a speedy trial
9 * * *
10 B. The time period for filing a bill of information or indictment after arrest
11 shall be as follows:
12 (1)(a) When the defendant is continued in custody subsequent to an arrest,
13 an indictment or information shall be filed within forty-five thirty days of the arrest
14 if the defendant is being held for a misdemeanor and within sixty days of the arrest
15 if the defendant is being held for a felony.
16 Section 2. This Act shall become effective upon signature by the governor or, if not
17signed by the governor, upon expiration of the time for bills to become law without signature
18by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
19vetoed by the governor and subsequently approved by the legislature, this Act shall become
20effective on the day following such approval.
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-428 REENGROSSED
HB NO. 46
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 46 Reengrossed 2021 Regular Session James
Abstract: Changes the amount of days that an indictment or bill of information shall be
filed if the defendant is being held for a misdemeanor.
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 bill of information shall be filed within 45 days of the arrest if the defendant is
being held for a misdemeanor and within 60 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.
With regard to a defendant in continued custody subsequent to an arrest, proposed law
changes the amount of days within which an indictment or bill of information shall be filed
from 45 to 30 if the defendant is being held for a misdemeanor.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends C.Cr.P. Art. 701(B)(1)(a))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Make technical changes to citations.
2. With regard to the appearance for purpose of appointing counsel, change the
condition for which the court is required to assign counsel from being based on
whether the defendant has the right to being based on whether the defendant is
determined to be indigent.
3. Add that the preliminary examination shall be conducted no later than two
weeks, exclusive of weekends and holidays, from when the preliminary
examination is ordered, unless the defendant waives such timeline or just cause
for delay.
4. Provide an exception to releasing the defendant when just cause for failure to
institute prosecution is shown after contradictory hearing with the district
attorney.
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-428 REENGROSSED
HB NO. 46
5. Add an effective date of Jan. 1, 2022.
Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Remove all of proposed law provisions except with regard to the right to a
speedy trial.
2. Make technical changes to the citations and title.
3. Change the amount of days within which an indictment or information shall be
filed from 45 to 30 days of the arrest if the defendant is being held for a
misdemeanor.
4. Reinstate present law to provide that an indictment or information shall be filed
within 60 days of the arrest if the defendant is being held for a felony.
5. Make effective upon signature of governor.
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.