GREEN SHEET REDIGEST
HB 46 2021 Regular Session James
CRIMINAL/JUSTICE: Provides relative to certain pretrial procedures
DIGEST
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 January 1, 2022.
(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.
5. Add an effective date of Jan. 1, 2022.
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.
Page 1 of 2
Prepared by Alden A. Clement, Jr. 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
reengrossed bill
1. Change proposed law effective date from upon signature of governor to
1/1/22.
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Prepared by Alden A. Clement, Jr.