Louisiana 2010 Regular Session

Louisiana House Bill HB908

Introduced
3/29/10  

Caption

Provides relative to the issuance of certain subpoenas

Impact

The bill effectively broadens the circumstances under which subpoenas can be issued, which could lead to increased efficiency in criminal proceedings. By facilitating the subpoena process, this bill intends to make it easier for prosecutors to gather necessary testimony and evidence, potentially leading to stronger cases against defendants. This change could also lead to more thorough trials by ensuring that witnesses are present to provide potentially critical testimony, enhancing the overall integrity of the judicial process.

Summary

House Bill 908 aims to amend the Code of Criminal Procedure in Louisiana by providing a more streamlined process for issuing subpoenas. Specifically, it allows the attorney general or district attorney to file a motion to issue subpoenas at any stage of a prosecution. This change is designed to enhance the ability of state prosecutors to compel witnesses to appear for questioning, which is an essential function in criminal investigations and prosecutions.

Sentiment

Overall sentiment surrounding HB 908 appears to be supportive among law enforcement and prosecution entities, who advocate for tools that empower them to perform their duties effectively. However, there may be concerns from civil liberties advocates about the rights of witnesses and how these subpoenas may be perceived or used in practice. The sentiment appears to hinge on finding a balance between prosecutorial efficiency and the protection of individual rights.

Contention

Notable points of contention might arise regarding the potential misuse of the expanded subpoena powers. Critics may argue that granting greater leeway in the issuance of subpoenas could lead to the harassment of witnesses or excessively burdensome requirements placed upon them. The legislation's language seems to aim for clarity and procedural integrity, but the implications of how subpoenas are served and enforced could lead to disputes about fairness in the judicial process.

Companion Bills

No companion bills found.

Previously Filed As

LA HB567

Provides relative to certain pretrial procedures

LA HB46

Provides relative to certain pretrial procedures

LA HB1125

Provides with respect to the issuance of subpoenas directing the testimony of former legislators regarding matters of legislative speech and debate

LA HB334

Provides relative to the records and subpoena powers of certain local ethics entities

LA SB615

Provides relative to the records and subpoena powers of certain local ethics entities. (gov sig)

LA HB761

Provides relative to the time to produce certain information in response to a subpoena issued in investigations for certain offenses

LA HB277

Provides relative to certain pretrial procedures (RE INCREASE GF EX See Note)

LA SB937

Subpoenas: business records.

LA HB722

Provides relative to certain pretrial procedures

LA HB441

Provides relative to the issuance of abuse prevention orders

Similar Bills

CA AB2766

Unfair Competition Law: enforcement powers: investigatory subpoena.

LA HB567

Provides relative to certain pretrial procedures

CT SB00121

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CA SB991

School districts: Los Angeles Unified School District: inspector general.

CA AB814

Consumer protection: enforcement powers: investigatory subpoena.

CA SB471

Subpoenas: service.

VA SB1010

Subpoenas duces tecum; financial records of nonparty, report.

VA HB2565

Subpoenas duces tecum; financial records of nonparty, report.