HLS 22RS-198 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 200
BY REPRESENTATIVE BROWN
CRIMINAL/PROCEDURE: Provides relative to the presence of the defendant in
misdemeanor prosecutions
1 AN ACT
2To amend and reenact Code of Criminal Procedure Article 833(B), relative to the presence
3 of the defendant; to provide relative to the presence of the defendant in misdemeanor
4 prosecutions; to require the court to allow a plea of not guilty by the filing of a sworn
5 affidavit in the absence of the defendant; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Criminal Procedure Article 833(B) is hereby amended and
8reenacted to read as follows:
9 Art. 833. Presence of defendant; misdemeanor prosecution
10 * * *
11 B. A plea of not guilty of a misdemeanor shall may be allowed to be entered
12 through counsel of record. and in In the absence of the defendant, a plea of not
13 guilty of a misdemeanor shall be allowed by the filing of a sworn affidavit in
14 advance of the scheduled arraignment date.
15 * * *
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-198 ORIGINAL
HB NO. 200
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 200 Original 2022 Regular Session Brown
Abstract: Relative to misdemeanor prosecutions, requires the court to allow a plea of not
guilty by the filing of a sworn affidavit when a defendant is absent.
Present law requires a plea of not guilty of a misdemeanor to be entered through counsel of
record and in the absence of the defendant by the filing of a sworn affidavit prior to the
scheduled arraignment date.
Proposed law amends present law to provide that a plea of not guilty of a misdemeanor may
be allowed to be entered through counsel of record. Further provides that in the absence of
the defendant, such plea shall be allowed by the filing of a sworn affidavit prior to the
scheduled arraignment date.
(Amends C.Cr.P. Art. 833(B))
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.