SLS 24RS-357 ORIGINAL
2024 Regular Session
SENATE BILL NO. 115
BY SENATOR CATHEY
DISTRICT ATTORNEYS. Provides for prosecution of certain crimes involving a child
under the age of thirteen. (8/1/24)
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Arts. 62(C) and 382(A), relative to
3 criminal prosecutions; to provide for prosecutions involving actions or proceedings
4 involving a victim under the age of thirteen; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Criminal Procedure Arts. 62(C) and 382(A) are hereby amended
7 and reenacted to read as follows:
8 Art. 62. Authority of attorney general; supervision of district attorney
9 * * *
10 C. In any criminal action or proceeding involving a homicidal death, or a
11 criminal action or proceeding involving a victim under the age of thirteen when
12 a conviction would require the offender to register as a sex offender, if deemed
13 necessary for the assertion or protection of the rights and interests of the state, and
14 in accordance with the provisions of Article IV, Section 8 of the Constitution of
15 Louisiana, the attorney general may, with the consent of the district attorney,
16 investigate, prosecute or intervene in the action or proceeding.
17 * * *
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 115
SLS 24RS-357 ORIGINAL
1 Art. 382. Methods of instituting criminal prosecutions
2 A. A prosecution for an offense punishable by death, or for an offense
3 punishable by life imprisonment, or a criminal action or proceeding involving a
4 victim under the age of thirteen when a conviction would require the offender
5 to register as a sex offender, shall be instituted by indictment by a grand jury. Other
6 criminal prosecutions in a district court shall be instituted by indictment or by
7 information.
8 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Thomas L. Tyler.
DIGEST
SB 115 Original 2024 Regular Session Cathey
Present law provides authorizes the attorney general, with the consent of the district attorney,
to investigate, prosecute, or intervene in a criminal action or proceeding involving a
homicidal death.
Proposed law retains present law and authorizes the attorney general, in accordance with
constitutional provisions requiring written consent from the district attorney to investigate,
prosecute, or intervene in a criminal action involving crimes against victims under the age
of 13 and when a conviction would require the offender to register as a sex offender.
Present law requires that a prosecution for an offense punishable by death, or for an offense
punishable by life imprisonment, be instituted by indictment by a grand jury. Requires that
other criminal prosecutions be instituted by indictment or by information.
Proposed law retains present law and further requires that crimes against a victim under the
age of 13 when a conviction would require the offender register as a sex offender, be
instituted by indictment by a grand jury.
Effective August 1, 2024.
(Amends C.Cr.P. Arts. 62(C) and 382(A))
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.