HLS 22RS-198 ENGROSSED
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 advance of the scheduled arraignment date; and to provide for related
6 matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Article 833(B) is hereby amended and
9reenacted to read as follows:
10 Art. 833. Presence of defendant; misdemeanor prosecution
11 * * *
12 B. A plea of not guilty of a misdemeanor shall may always be allowed to be
13 entered through counsel of record and in the absence of the defendant and shall be
14 allowed by the filing of a sworn affidavit in advance of the scheduled arraignment
15 date.
16 * * *
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-198 ENGROSSED
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 Engrossed 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
always be allowed to be entered through counsel of record in the absence of the defendant
and requires the court to allow such plea by the filing of a sworn affidavit prior to the
scheduled arraignment date.
(Amends C.Cr.P. Art. 833(B))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Provide that a plea of not guilty of a misdemeanor may always be entered
through counsel of record in the absence of the defendant and shall be allowed
by the filing of a sworn affidavit prior to the scheduled arraignment date.
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.