RÉSUMÉ DIGEST
ACT 252 (HB 46) 2021 Regular Session James
Prior law required that a bill of information or indictment after arrest when the defendant was
in continued custody subsequent to an arrest be filed within 45 days of the arrest when the
defendant was being held for a misdemeanor and within 60 days of the arrest when the
defendant was being held for a felony.
Existing 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
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.
(2)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 and if the defendant
is being held for a misdemeanor, new law amends prior law to change the amount of days
within which an indictment or bill of information shall be filed from 45 to 30.
Effective January 1, 2022.
(Amends C.Cr.P. Art. 701(B)(1)(a))