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 54 Original 2023 Regular Session Schlegel
Abstract: Provides relative to the time limitations on district attorneys to initiate prosecution of a
juvenile as an adult for certain offenses.
Present law (Ch.C. Art. 305(A)(1)) subjects a child who is 15 years of age or older at the time of the
commission of first degree murder, second degree murder, aggravated or first degree rape, or
aggravated kidnapping to the exclusive jurisdiction of the juvenile court until either an indictment
charging one of these offenses is returned or the juvenile court holds a continued custody hearing
pursuant to present law (Ch.C. Arts. 819 and 820) and finds probable cause that he committed one
of these offenses.
Proposed law retains present law.
Present law (Ch.C. Art. 305(A)(2)(a)) provides the district attorney with the discretion to file a
petition alleging any of the offenses listed in present law (Ch.C. Art. 305(A)(1)) in the juvenile court
or, alternatively, to obtain an indictment. Further provides that if the child is being held in detention,
the district attorney shall file the petition or indictment in the appropriate court within 30 calendar
days after the child's arrest, unless the child waives this right.
Proposed law amends present law to increase the amount of days that the district attorney has to file
the petition or indictment from 30 days to 60 days.
Proposed law provides that the failure to institute prosecution as provided in proposed law shall
result in release of the child if, after a contradictory hearing with the district attorney, just cause for
the failure is not shown.
Proposed law provides that if just cause is shown, the court shall reconsider bail for the child.
Further provides that the failure to institute prosecution as provided in proposed law shall result in
the release of the bail obligation if, after a contradictory hearing with the district attorney, just cause
for the delay is not shown.
Proposed law provides that when the juvenile court holds a continued custody hearing pursuant to
present law (Ch.C. Arts. 819 and 820) and finds probable cause that the child committed one of the
offenses listed in present law (Ch.C. Art. 305(A)(1)), the time limitations contained in present law
are inapplicable and the time period for filing an indictment after arrest shall be governed by other
present law (C.Cr.P. Art. 701). Present law (Ch.C. Art. 305(B)(1)) subjects a child who is 15 years of age or older at the time of any
of the offenses listed in present law (Ch.C. Art. 305(B)(2)) to the exclusive jurisdiction of the
juvenile court until either an indictment charging one of these offenses is returned or the juvenile
court holds a continued custody hearing and finds probable cause that he committed one of these
offenses.
Proposed law retains present law.
Present law (Ch.C. Art. 305(B)(3)) provides the district attorney with the discretion to file a petition
alleging any of the offenses listed in present law (Ch.C. Art. 305(B)(2)) in the juvenile court or,
alternatively, to obtain an indictment. Further provides that if the child is being held in detention,
the district attorney shall file the indictment, bill of information, or petition in the appropriate court
within 30 calendar days after the child's arrest, unless the child waives this right.
Proposed law amends present law to increase the amount of days that the district attorney has to file
the indictment, bill of information, or petition from 30 days to 60 days.
Proposed law provides that the failure to institute prosecution as provided in proposed law shall
result in release of the child if, after a contradictory hearing with the district attorney, just cause for
the failure is not shown.
Proposed law provides that if just cause is shown, the court shall reconsider bail for the child.
Further provides that the failure to institute prosecution as provided in proposed law shall result in
the release of the bail obligation if, after a contradictory hearing with the district attorney, just cause
for the delay is not shown.
Proposed law shall be cited and referred to as "The Juvenile Transfer Act".
(Amends Ch.C. Art. 305(A)(2) and (B)(3))