ENROLLED
ACT No. 207
2024 Regular Session
HOUSE BILL NO. 230
BY REPRESENTATIVE HILFERTY
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Article 582, relative to post conviction
3 relief; to provide with respect to time limitations for commencing a new trial once
4 a mistrial has been declared or a defendant obtains a new trial; to specify that a new
5 trial may be obtained through a motion for new trial, appeal, post conviction relief,
6 or any other mechanism provided in state or federal law; to provide that the time
7 delays apply to all of those circumstances; to provide that if the state seeks review
8 of the granting of the new trial, time limitations do not commence to run until the
9 judgment granting the new trial has become final by the state exhausting all avenues
10 of appeal and review; to provide for an effective date; and to provide for related
11 matters.
12 Be it enacted by the Legislature of Louisiana:
13 Section 1. Code of Criminal Procedure Article 582 is hereby amended and reenacted
14 to read as follows:
15 Art. 582. Time limitations; effect of new trial
16 A. When a defendant obtains a new trial through a motion for new trial,
17 appeal, post conviction relief, or any other mechanism provided in state or federal
18 law, or when there is a mistrial, the state must shall commence the second trial
19 within one year from the date the new trial is granted, or the mistrial is ordered, or
20 within the period established by Article 578, whichever is longer.
21 B. If the state seeks review of the granting of the new trial, the period of
22 limitations in this Article shall not commence to run until the judgment granting the
23 new trial has become final by the state exhausting all avenues of review in the
24 appropriate appellate courts, including the Louisiana Supreme Court.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 230 ENROLLED
1 Section 2. This Act shall become effective upon signature by the governor or, if not
2 signed by the governor, upon expiration of the time for bills to become law without signature
3 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
4 vetoed by the governor and subsequently approved by the legislature, this Act shall become
5 effective on the day following such approval.
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.