HLS 23RS-510 ENGROSSED
2023 Regular Session
HOUSE BILL NO. 477
BY REPRESENTATIVE BACALA
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/RECORDS: Provides relative to information provided when prosecuting
offenses
1 AN ACT
2To enact Code of Criminal Procedure Article 388, relative to prosecution of criminal
3 offenses; to provide relative to information provided when prosecuting offenses; to
4 require prosecuting agencies to include certain information in the indictment,
5 information, or affidavit; to provide relative to requirements for the booking agency;
6 to provide relative to requirements for the clerk of court; to authorize the supreme
7 court to report information to the Louisiana Bureau of Criminal Identification and
8 Information; and to provide for related matters.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. Code of Criminal Procedure Article 388 is hereby enacted to read as
11follows:
12 Art. 388. Additional information provided when prosecuting offenses
13 A. When instituting the prosecution of an offense involving a violation of
14 any state law or local ordinance, the prosecuting agency, when authorized to provide
15 information, shall include the following information in the indictment, information,
16 or affidavit, if provided by the booking agency:
17 (1) Date of the offense.
18 (2) Date of arrest or summons, if a summons was issued in lieu of an arrest.
19 (3) The state identification number of the defendant, if one has been assigned
20 to the defendant for the offense or for any prior offenses.
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CODING: Words in struck through type are deletions from existing law; words underscored
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HB NO. 477
1 (4) Defendant demographic data to include sex, race, and date of birth, if
2 known.
3 B. The information provided in Paragraph A of this Article may be provided
4 in a separate document submitted with the bill of information, bill of indictment, or
5 summons to the clerk of court.
6 C. The booking agency shall provide the information provided in Paragraph
7 A of this Article to the prosecuting agency.
8 D. The clerk of court shall report the information provided in Paragraph A
9 of this Article, along with the disposition and disposition date, to the supreme court.
10 E. The supreme court is authorized to report the information provided in
11 Paragraph A of this Article, along with the disposition and disposition date, to the
12 Louisiana Bureau of Criminal Identification and Information.
13 F. Failure to comply with the provisions of this Article shall not constitute
14 grounds for a motion to quash.
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 477 Engrossed 2023 Regular Session Bacala
Abstract: Provides relative to information provided when instituting the prosecution of
criminal offenses.
Proposed law requires the prosecuting agency, when authorized to provide information, to
include the following information in the indictment, information, or affidavit, if such
information is provided by the booking agency:
(1)Date of the offense.
(2)Date of arrest or summons, if a summons was issued in lieu of an arrest.
(3)The state identification number of the defendant, if one has been assigned to the
defendant for the offense or for any prior offenses.
(4)Defendant demographic data to include sex, race, and date of birth, if known.
Proposed law provides that the above proposed law information may be provided in a
separate document submitted with the bill of information, bill of indictment, or summons to
the clerk of court.
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HB NO. 477
Proposed law further requires the booking agency to provide the information provided in
proposed law to the prosecuting agency.
Proposed law requires the clerk of court to report the information provided in proposed law,
along with the disposition and disposition date, to the supreme court.
Proposed law authorizes the supreme court to report the information provided in proposed
law, along with the disposition and disposition date, to the La. Bureau of Criminal
Identification and Information.
Proposed law provides that failure to comply with proposed law shall not constitute grounds
for a motion to quash.
(Adds C.Cr.P. Art. 388)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the original bill:
1. Change proposed law references of district attorneys or city prosecutors to
prosecuting agencies.
2. Require the date of arrest or summons, if a summons was issued in lieu of an
arrest, to be included in the indictment, information, or affidavit.
3. Provide that defendant demographic data includes sex, race, and date of birth, if
known.
4. Provide that the proposed law information may be provided in a separate
document submitted with the bill of information, bill of indictment, or summons
to the clerk of court.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.