Louisiana 2022 2022 Regular Session

Louisiana House Bill HB200 Comm Sub / Analysis

                    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)]
CONFERENCE COMMITTEE REP ORT DIGEST
HB 200	2022 Regular Session	Brown
Keyword and oneliner of the instrument as it left the House
CRIMINAL/PROCEDURE:  Provides relative to the presence of the defendant in misdemeanor
prosecutions
Report rejects Senate amendments which would have:
1. Clarified language relative to how pleas of not guilty are entered when the defendant is not
present.
Report amends the bill to:
1. Clarify when a plea of not guilty of a misdemeanor shall be allowed to be entered through
counsel of record in the absence of the defendant by the filing of a sworn affidavit.
Digest of the bill as proposed by the Conference Committee
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 a plea of not guilty of a
misdemeanor shall be allowed to be entered through counsel of record in the absence of the
defendant by the filing of a sworn affidavit in advance of the scheduled arraignment date.
(Amends C.Cr.P. Art. 833(B) and (C)(intro. para.))