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0 chapters · 882 sections in this title.
La. Rev. Stat. § 15:30 Returns
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§30. Returns Unless otherwise provided by law, a sheriff, marshal, constable or other officer or person who serves a subpoena, summons, writ, notice, order or other process of a court, of a jury commission or of a coroner shall make a return showing the date and manner in which s…
La. Rev. Stat. § 15:301 Remittance of fine or imprisonment
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§301. Remittance of fine or imprisonment Any fine or imprisonment, imposed for violation of state laws or municipal or parish ordinances, which is alleged to be excessive or that for any reason should be abated or remitted in whole or in part shall be abated or remitted in the fo…
La. Rev. Stat. § 15:301.1 Sentences without benefit of probation, parole, or suspension of sentence; correction
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§301.1. Sentences without benefit of probation, parole, or suspension of sentence; correction A. When a criminal statute requires that all or a portion of a sentence imposed for a violation of that statute be served without benefit of probation, parole, or suspension of sentence,…
La. Rev. Stat. § 15:302 Sentences to prison districts; persons excluded
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§302. Sentences to prison districts; persons excluded Whenever prison districts have been established the rules of sentencing set forth below shall be followed: (1) The following persons shall be sentenced to prison districts: (a) All persons convicted of misdemeanors and sentenc…
La. Rev. Stat. § 15:303 Maximum fine or imprisonment when not specified
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§303. Maximum fine or imprisonment when not specified Whenever the punishment of fine and imprisonment are left by law to the discretion of any court, the fine shall not exceed one thousand dollars, nor the imprisonment two years. Acts 1966, No. 311, §2, eff. Jan. 1, 1967.
La. Rev. Stat. § 15:304 Expenses to be paid by parishes; juror's fee in city of New Orleans
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§304. Expenses to be paid by parishes; juror's fee in city of New Orleans All expenses incurred in the different parishes of the state or in the city of New Orleans by the arrest, confinement, and prosecution of persons accused or convicted of crimes, their removal to prison, the…
La. Rev. Stat. § 15:305 Probation in neglect of family cases
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§305. Probation in neglect of family cases A.(1) Whenever a person has pleaded guilty or been found guilty of the misdemeanor of criminal neglect of family or has been found in contempt of court for failing to pay support as ordered under the provisions of Children's Code Article…
La. Rev. Stat. § 15:306 Operating a vehicle while intoxicated; additional conditions of probation; ignition interlock devices
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§306. Operating a vehicle while intoxicated; additional conditions of probation; ignition interlock devices A.(1) As an additional condition of probation, the court shall require that any person convicted of a second or subsequent violation of R.S. 14:98 and placed on probation i…
La. Rev. Stat. § 15:307 Ignition interlock devices; installation and certification
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§307. Ignition interlock devices; installation and certification A. As used in R.S. 15:306, "ignition interlock device" means a constant monitoring device that prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol level of …
La. Rev. Stat. § 15:307.1 Ignition interlock affordability
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§307.1. Ignition interlock affordability A. The Department of Public Safety and Corrections, office of state police shall promulgate rules and regulations to establish and monitor compliance with an ignition interlock affordability plan for individuals that demonstrate economic h…
La. Rev. Stat. § 15:308 Ameliorative penalty provisions; retroactivity; amendment of sentence; time limitations
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§308. Ameliorative penalty provisions; retroactivity; amendment of sentence; time limitations A.(1) The legislature hereby declares that the provisions of Act No. 403 of the 2001 Regular Session of the Legislature provided for more lenient penalty provisions for certain enumerate…
La. Rev. Stat. § 15:31 Confiscation and destruction of gambling devices
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§31. Confiscation and destruction of gambling devices A.(1) All law enforcement officers of municipal police forces, sheriffs' departments, and the division of state police are hereby authorized and empowered and it is made mandatory and compulsory on their part to confiscate and…
La. Rev. Stat. § 15:31.1 Antique slot machines
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§31.1. Antique slot machines A. For the purposes of this Section, a slot machine is an antique if at least twenty-five years have elapsed since it was manufactured. B. Notwithstanding any provisions of Section 31 of this Title, or R.S. 14:90.1, or any other provisions of law to t…
La. Rev. Stat. § 15:32 Disposition of money used as evidence in criminal cases
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§32. Disposition of money used as evidence in criminal cases Whenever any money used as evidence of a crime in criminal cases and thereafter deposited with the clerk of the district court is not disposed of by the district attorney or the district judge within five years after fi…
La. Rev. Stat. § 15:325 Twenty-Second Judicial District Court; sentencing policy
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§325. Twenty-Second Judicial District Court; sentencing policy It is the sentencing policy of the Twenty-Second Judicial District Court that the primary objective of sentencing shall be to maintain public safety, hold offenders accountable, reduce recidivism and criminal behavior…
La. Rev. Stat. § 15:326 Administration of presentence investigation assessment tool and evaluation report
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§326. Administration of presentence investigation assessment tool and evaluation report A. For purposes of this Chapter, after January 1, 2015, all criminal divisions within the Twenty-Second Judicial District Court may use a single presentence investigation validated risk and ne…
La. Rev. Stat. § 15:327 Use of assessment tool and report
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§327. Use of assessment tool and report A. The presentence investigation validated risk and needs assessment tool and evaluation report may be utilized by the sentencing court prior to determining an appropriate sentence, in order to evaluate the defendant's risk of committing fu…
La. Rev. Stat. § 15:33 Confiscation and destruction of criminal instruments
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§33. Confiscation and destruction of criminal instruments A.(1) All law enforcement officers are hereby authorized to confiscate and dispose of any criminal instrument in accordance with the procedures provided for in R.S. 15:41. (2) If the criminal instrument is a firearm, it sh…
La. Rev. Stat. § 15:41 Disposition of property seized in connection with criminal proceedings
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§41. Disposition of property seized in connection with criminal proceedings A. If there is a specific statute concerning the disposition of the seized property, the property shall be disposed of in accordance with the provisions thereof. B. If there is no such specific statute, t…
La. Rev. Stat. § 15:42 News media, restrictions on search warrants
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§42. News media, restrictions on search warrants A. No search warrant shall issue directing the seizure of property belonging to, or directing the search of the premises occupied by, any person engaged in the business of collecting, writing, editing, or disseminating news through…
La. Rev. Stat. § 15:423 Proof of registration of physicians and surgeons
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§423. Proof of registration of physicians and surgeons The list of the registered physicians and surgeons in this state published by the Department of Health and Human Resources and duly certified by the secretary of said office shall be received by the courts of the state as pro…
La. Rev. Stat. § 15:424 Statute law of other states
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§424. Statute law of other states The published statutes and digests of the other states and territories shall be prima facie evidence of the statute laws of the state or territory from which they purport to emanate, without being filed in evidence.
La. Rev. Stat. § 15:425 Recitals in report of lunacy commissions
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§425. Recitals in report of lunacy commissions The report of every commission of lunacy shall be prima facie evidence of the facts recited in such report and of the correctness of the findings of such commission.
La. Rev. Stat. § 15:426 Proof of signature of articles of vessels
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§426. Proof of signature of articles of vessels A copy of the articles of any vessels, authenticated by the affidavit of the captain, shall be prima facie evidence that any seaman whose name appears subscribed thereto has actually signed articles.
La. Rev. Stat. § 15:427 Recitals in act of protest of commercial paper
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§427. Recitals in act of protest of commercial paper Whenever any commercial paper shall have been protested, either in or out of this state, for nonpayment, the act of protest, or a certified copy thereof, shall be prima facie evidence of the facts recited in said act.
La. Rev. Stat. § 15:428 Dishonored checks and drafts prima facie evidence of insufficient funds in bank
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§428. Dishonored checks and drafts prima facie evidence of insufficient funds in bank Whenever any check or draft shall have been drawn on any bank, whether such bank be in or out of this state, and payment shall have been refused, such check or draft with its endorsements shall …
La. Rev. Stat. § 15:429 Corporate existence presumed unless affidavit of denial filed before trial
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§429. Corporate existence presumed unless affidavit of denial filed before trial On trial of any criminal case it shall not be necessary to prove the incorporation of any corporation mentioned in the indictment, unless the defendant, before entering upon such trial, shall have fi…
La. Rev. Stat. § 15:43 Attorneys; restrictions on search warrants
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§43. Attorneys; restrictions on search warrants A. The court may issue a subpoena when requested by either the defendant or the state, as provided for in Code of Criminal Procedure Articles 731 through 737, when an attorney is believed to be in possession of evidence of the commi…
La. Rev. Stat. § 15:430 Proof of truth of recitals in copy of registry of birth, baptism or circumcision
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§430. Proof of truth of recitals in copy of registry of birth, baptism or circumcision In all criminal prosecutions for the violation of any law relative to the employment of children or young persons, a copy of the registry of the birth, baptism or circumcision of such child or …
La. Rev. Stat. § 15:431 Theft by public officer
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§431. Theft by public officer The failure, neglect, or refusal on the part of any public officer to pay over, at the time and in the manner required by law and to the authority designated by law to receive such payment, any public money in his hands, shall be prima facie evidence…
La. Rev. Stat. § 15:432 Effect of legal presumptions; rebutting evidence; illustrations
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§432. Effect of legal presumptions; rebutting evidence; illustrations A legal presumption relieves him in whose favor it exists from the necessity of any proof; but may none the less be destroyed by rebutting evidence; such is the presumption attaching to the regularity of judici…
La. Rev. Stat. § 15:433 Conclusive presumption defined; illustration
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§433. Conclusive presumption defined; illustration A conclusive presumption is one against which no proof can be admitted, such as the presumption that attaches to res adjudicata, to the recitals contained in legislative acts and to the official journals of legislative proceeding…
La. Rev. Stat. § 15:436.1 Photographs of objects of theft; affidavit of value and ownership; notice to defendant
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§436.1. Photographs of objects of theft; affidavit of value and ownership; notice to defendant A. A photograph of property alleged to be the object of a theft, otherwise admissible, may be admitted as evidence without regard to the availability of the property itself. B. An affid…
La. Rev. Stat. § 15:436.2 Photographs of animals cruelly treated; affidavit of condition; notice to defendant
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§436.2. Photographs of animals cruelly treated; affidavit of condition; notice to defendant A. A photograph of an animal alleged to be cruelly treated, otherwise admissible, may be admitted as evidence without regard to the availability of the animal itself. B. An affidavit of th…
La. Rev. Stat. § 15:438 Circumstantial evidence
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§438. Circumstantial evidence The rule as to circumstantial evidence is: assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence.
La. Rev. Stat. § 15:439 Burden of proof
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§439. Burden of proof The burden of proof is upon him alleging the existence of a fact.
La. Rev. Stat. § 15:440 Relative weight of positive and negative testimony
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§440. Relative weight of positive and negative testimony Positive testimony on a given point must be given greater weight than negative testimony on the same point.
La. Rev. Stat. § 15:440.1 Purpose
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§440.1. Purpose It is declared to be in the best interest of the state that protected persons be spared from crimes of violence, and that persons who commit such crimes be prosecuted with a minimum of additional intrusion into the lives of such protected persons. Acts 1984, No. 5…
La. Rev. Stat. § 15:440.2 Authorization
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§440.2. Authorization A.(1) A court with original criminal jurisdiction or juvenile jurisdiction may require that a statement of a protected person be recorded on videotape by any of the following: (a) Motion of the court or motion of the district attorney, a parish welfare unit …
La. Rev. Stat. § 15:440.3 Videotape; admissibility; exception to hearsay rule
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§440.3. Videotape; admissibility; exception to hearsay rule The videotape authorized by this Subpart is hereby admissible in evidence as an exception to the hearsay rule. Acts 1984, No. 563, §1.
La. Rev. Stat. § 15:440.4 Method of recording videotape; competency
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§440.4. Method of recording videotape; competency A. A videotape of a protected person may be offered in evidence either for or against a defendant. To render such a videotape competent evidence, it must be satisfactorily proved: (1) That such electronic recording was voluntarily…
La. Rev. Stat. § 15:440.5 Admissibility of videotaped statements; discovery by defendant
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§440.5. Admissibility of videotaped statements; discovery by defendant A. The videotape of an oral statement of the protected person made before the proceeding begins may be admissible into evidence if: (1) No attorney for either party was present when the statement was made; (2)…
La. Rev. Stat. § 15:440.6 Confidentiality
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§440.6. Confidentiality Videotapes which are a part of the court record shall be preserved under a protective order of the court in order to protect the privacy of the protected person. The court shall order the destruction of the videotapes after five years have elapsed from the…
La. Rev. Stat. § 15:440.7 Admissibility in civil, family, and administrative proceedings; discovery;
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§440.7. Admissibility in civil, family, and administrative proceedings; discovery; confidentiality A.(1) Courts with civil or family jurisdiction or administrative law judges may authorize the issuance of a subpoena duces tecum for the production of a videotape of a protected per…
La. Rev. Stat. § 15:440.8 Confidentiality of records; child advocacy centers
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§440.8. Confidentiality of records; child advocacy centers The files, reports, records, communications, working papers, or videotaped interviews used or developed in providing services pursuant to Title V of the Children's Code are confidential and not subject to the Public Recor…
La. Rev. Stat. § 15:441.1 DNA, blood, and saliva testing; relevance
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§441.1. DNA, blood, and saliva testing; relevance Evidence of deoxyribonucleic acid profiles, genetic markers of the blood, and secretor status of the saliva offered to establish the identity of the offender of any crime is relevant as proof in conformity with the Louisiana Code …
La. Rev. Stat. § 15:444 Proof of intent unnecessary in statutory crimes; inadmissible evidence
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§444. Proof of intent unnecessary in statutory crimes; inadmissible evidence If a statute has made it a crime to do a particular act, no further proof of intent is required than that accused voluntarily did the act; and any evidence that he did not know such act to be forbidden b…
La. Rev. Stat. § 15:449 Applicability
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§449. Applicability The term "admission" is applied to those matters of fact which do not involve criminal intent; the term "confession" is applied only to an admission of guilt, not to an acknowledgment of facts merely tending to establish guilt.
La. Rev. Stat. § 15:450 Use of confession, admission or declaration in entirety
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§450. Use of confession, admission or declaration in entirety Every confession, admission or declaration sought to be used against any one must be used in its entirety, so that the person to be affected thereby may have the benefit of any exculpation or explanation that the whole…
La. Rev. Stat. § 15:451 Condition precedent to use of confession; free and voluntary rule
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§451. Condition precedent to use of confession; free and voluntary rule Before what purports to be a confession can be introduced in evidence, it must be affirmatively shown that it was free and voluntary, and not made under the influence of fear, duress, intimidation, menaces, t…
