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 230 Original 2024 Regular Session Hilferty
Abstract: Provides with respect to time delays for granting a new trial.
Present law provides that when a defendant obtains a new trial or there is a mistrial, the state must
commence the second trial within one year from the date the new trial is granted, or the mistrial is
ordered, or as otherwise provided for in present law.
Proposed law retains those provisions of present law and further provides that the granting of the
new trial can be through a motion for new trial, appeal, post conviction relief, or any other
mechanism provided in state or federal law.
Proposed law further provides that if the state seeks review of the granting of the new trial, the
period of limitations shall not commence to run until the judgment granting the new trial has become
final by the state exhausting all avenues of review in the appropriate appellate courts, including the
Louisiana Supreme Court.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends C.Cr.P. Art. 582)