ENROLLED
ACT No. 418
2023 Regular Session
HOUSE BILL NO. 54
BY REPRESENTATIVES SCHLEGEL AND HILFERTY
1 AN ACT
2 To amend and reenact Children's Code Article 305(A)(2) and (B)(3), relative to criminal
3 court jurisdiction over children; to provide relative to the discretion of the district
4 attorney to prosecute a juvenile as an adult for certain offenses; to provide relative
5 to the failure to initiate prosecution; to provide relative to time limitations for
6 prosecution; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Children's Code Article 305(A)(2) and (B)(3) are hereby amended and
9 reenacted to read as follows:
10 Art. 305. Divestiture of juvenile court jurisdiction; original criminal court
11 jurisdiction over children
12 A.
13 * * *
14 (2)(a) The district attorney shall have the discretion to file a petition alleging
15 any of the offenses listed in Subparagraph (1) of this Paragraph in the juvenile court
16 or, alternatively, to obtain an indictment. If the child is being held in detention, the
17 district attorney shall file the petition or indictment in the appropriate court within
18 thirty sixty calendar days after the child's arrest, unless the child waives this right.
19 (b) Failure to institute prosecution as provided in this Subparagraph shall
20 result in release of the child if, after a contradictory hearing with the district attorney,
21 just cause for the failure is not shown. If just cause is shown, the court shall
22 reconsider bail for the child. Failure to institute prosecution as provided in this
23 Subparagraph shall result in the release of the bail obligation if, after a contradictory
24 hearing with the district attorney, just cause for the delay is not shown.
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1 (c) When the juvenile court holds a continued custody hearing pursuant to
2 Articles 819 and 820 and finds probable cause that the child committed one of the
3 offenses listed in Subparagraph (1) of this Paragraph, the time limitations contained
4 in this Code are inapplicable and the time period for filing an indictment after arrest
5 shall be governed by Code of Criminal Procedure Article 701.
6 * * *
7 B.
8 * * *
9 (3)(a) The district attorney shall have the discretion to file a petition alleging
10 any of the offenses listed in Subparagraph (2) of this Paragraph in the juvenile court
11 or, alternatively, to obtain an indictment or file a bill of information. If the child is
12 being held in detention, the district attorney shall file the indictment, bill of
13 information, or petition in the appropriate court within thirty sixty calendar days after
14 the child's arrest, unless the child waives this right.
15 (b) Failure to institute prosecution as provided in this Subparagraph shall
16 result in release of the child if, after a contradictory hearing with the district attorney,
17 just cause for the failure is not shown. If just cause is shown, the court shall
18 reconsider bail for the child. Failure to institute prosecution as provided in this
19 Subparagraph shall result in the release of the bail obligation if, after a contradictory
20 hearing with the district attorney, just cause for the delay is not shown.
21 * * *
22 Section 2. The provisions of this Act shall be cited and referred to as "The Juvenile
23 Transfer Act".
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.