Title 15, Criminal Procedure
0 chapters · 1,041 sections in this title.
La. Rev. Stat. § 15:254.9 Compensation of off-duty law enforcement officers; parish of Plaquemines
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§254.9. Compensation of off-duty law enforcement officers; parish of Plaquemines A. Any Plaquemines Parish deputy sheriff required to be present, in his official capacity, to testify in a traffic, criminal, or juvenile case before the Twenty-Fifth Judicial District Court in Plaqu…
La. Rev. Stat. § 15:255 Witness fees to off-duty law enforcement officers
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§255. Witness fees to off-duty law enforcement officers A.(1) Whenever a law enforcement officer is required to be present, in his official capacity, as a witness in any criminal case or delinquency adjudication in any district or parish court or any court exercising juvenile jur…
La. Rev. Stat. § 15:255.1 Witness fees to retired or former law enforcement officers
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§255.1. Witness fees to retired or former law enforcement officers A. Unless otherwise provided for by law for a particular jurisdiction, whenever a retired or former law enforcement officer is required to be present, as a witness in any criminal case or delinquency adjudication …
La. Rev. Stat. § 15:256 Fees where more than one case on same day
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§256. Fees where more than one case on same day Except as provided in R.S. 15:255, no person shall be allowed, for attendance as a witness in criminal cases, more than is allowed in one case on the same day, or mileage for more than one case at a time. The provisions of this Sect…
La. Rev. Stat. § 15:257 Placing material witness under bond; exception for victims
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§257. Placing material witness under bond; exception for victims Except as provided in R.S. 15:257.1, whenever it shall appear, upon motion of the district attorney or upon motion of a defendant supported by his affidavit, that the testimony of any witness is essential to the pro…
La. Rev. Stat. § 15:257.1 Exception for material witness warrants for victims of sex offenses and intimate
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§257.1. Exception for material witness warrants for victims of sex offenses and intimate partner violence; legislative intent A. The legislature hereby finds and declares that domestic violence and sexual assault are major public health problems and violations of human rights. Th…
La. Rev. Stat. § 15:258 Taking deposition of witness imprisoned in default of bond
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§258. Taking deposition of witness imprisoned in default of bond When any witness in any criminal case, imprisoned in default of giving bond for his appearance, shall wish to have his testimony taken and to be enlarged, he shall apply to the judge of the court in which such prose…
La. Rev. Stat. § 15:259 Admissibility of depositions taken in jail
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§259. Admissibility of depositions taken in jail The testimony taken as provided for in R.S. 15:258, when certified to by the officer before whom taken, shall, in case of the death or departure of the witness from the parish or other inability to attend court, be admissible befor…
La. Rev. Stat. § 15:260 Production of certain records of a victim; conditions
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§260. Production of certain records of a victim; conditions A. If the defendant is charged with a violation of R.S. 14:93 or 93.2.3 or sex offense or human trafficking-related offense as defined in or enumerated in R.S. 46:1844(W), a subpoena or court order compelling the product…
La. Rev. Stat. § 15:261 Disposition of witness or appearance fees for off-duty law enforcement officers
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§261. Disposition of witness or appearance fees for off-duty law enforcement officers A. Notwithstanding any other provision of law to the contrary, whenever by reason of the enforcement or imposition of any federal law or rule or for any other reason, an off-duty municipal law e…
La. Rev. Stat. § 15:262 Repealed by Acts 2009, No
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§262. Repealed by Acts 2009, No. 263, §4.
La. Rev. Stat. § 15:270 Interpreters for deaf or severely hearing-impaired persons
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§270. Interpreters for deaf or severely hearing-impaired persons A. In all criminal prosecutions, where the accused is deaf or severely hearing-impaired, he shall have the proceedings of the trial interpreted to him in a language that he can understand by a qualified interpreter …
La. Rev. Stat. § 15:271 Plea of not guilty; burden of proof
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§271. Plea of not guilty; burden of proof The plea of not guilty throws upon the state the burden of proving beyond a reasonable doubt each element of the crime necessary to constitute the defendant's guilt. Acts 1966, No. 311, §2, eff. Jan. 1, 1967. Amended by Acts 1968, No. 150…
La. Rev. Stat. § 15:272 Order for substitution of certified copy of missing document
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§272. Order for substitution of certified copy of missing document The judge shall, upon proof of the loss, destruction or abstraction from the court of any indictment, information or bail bond, order that a certified copy from the judicial record of such lost, destroyed or abstr…
La. Rev. Stat. § 15:273 Right of accused to be confronted with witnesses
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§273. Right of accused to be confronted with witnesses The accused shall have the right to be confronted with the witnesses against him and the depositions of witnesses shall not be evidence either for or against him except as provided by law. Acts 1966, No. 311, §2, eff. Jan. 1,…
La. Rev. Stat. § 15:274 Repealed by Acts 1988, No
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§274. Repealed by Acts 1988, No. 515, §8., eff. Jan. 1, 1989.
La. Rev. Stat. § 15:275 Repealed by Acts 1988, No
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§275. Repealed by Acts 1988, No. 515, §8., eff. Jan. 1, 1989.
La. Rev. Stat. § 15:276 Self-incrimination of witness
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§276. Self-incrimination of witness No witness can be forced to criminate himself, but the judge is not bound by the witness' statement that the answer would criminate him, when from the nature of the question asked and the circumstances of the case such statement can not be true…
La. Rev. Stat. § 15:277 Repealed by Acts 1988, No
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§277. Repealed by Acts 1988, No. 515, §8., eff. Jan. 1, 1989.
La. Rev. Stat. § 15:278 Repealed by Acts 1988, No
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§278. Repealed by Acts 1988, No. 515, §8., eff. Jan. 1, 1989.
La. Rev. Stat. § 15:279 Repealed by Acts 1988, No
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§279. Repealed by Acts 1988, No. 515, §8., eff. Jan. 1, 1989.
La. Rev. Stat. § 15:280 Repealed by Acts 1988, No
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§280. Repealed by Acts 1988, No. 515, §8., eff. Jan. 1, 1989.
La. Rev. Stat. § 15:281 Repealed by Acts 1988, No
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§281. Repealed by Acts 1988, No. 515, §8., eff. Jan. 1, 1989.
La. Rev. Stat. § 15:282 Repealed by Acts 1988, No
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§282. Repealed by Acts 1988, No. 515, §8., eff. Jan. 1, 1989.
La. Rev. Stat. § 15:283 Protected person; testimony taken outside courtroom
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§283. Protected person; testimony taken outside courtroom A. On its own motion or on the motion of the attorney for any party, a court may order that the testimony of a protected person who may have been a witness to or victim of a crime be taken in a room other than the courtroo…
La. Rev. Stat. § 15:284 Facility dogs; use in court; procedure
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§284. Facility dogs; use in court; procedure A. The court shall allow a witness who is either under eighteen years of age or who has a developmental disability as defined in R.S. 28:451.2 to have a facility dog, if available, accompany them while testifying in court. B. The court…
La. Rev. Stat. § 15:291 Right of accused to have testimony taken down; provision for paying
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§291. Right of accused to have testimony taken down; provision for paying The testimony of the witnesses on the question of guilt or innocence may be taken down under the supervision of the court and in order to explain any bill of exception which may be taken by counsel for the …
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. § 15:321 Purpose; duties of the commission; conducting of evaluation of sentencing structure; report
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§321. Purpose; duties of the commission; conducting of evaluation of sentencing structure; report A. The enactment of statutes defining criminal offenses and the establishment of ranges of penalties for those offenses is a matter of substantive law solely within the prerogative o…
La. Rev. Stat. § 15:322 Louisiana Sentencing Commission
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§322. Louisiana Sentencing Commission The Louisiana Sentencing Commission is hereby created and established under the jurisdiction of the Louisiana Commission on Law Enforcement and Administration of Criminal Justice in the office of the governor. Acts 1987, No. 158, §1.
La. Rev. Stat. § 15:323 Composition of commission
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§323. Composition of commission A. The commission shall be composed of twenty-five members. Twenty members shall be voting members as designated in Subsection B of this Section, and five members shall be nonvoting members as designated in Subsection D of this Section. B.(1) Five …
La. Rev. Stat. § 15:324 Officers; meetings; staff
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§324. Officers; meetings; staff A. The governor shall designate one voting member to serve as chairman at the pleasure of the governor. The chairman shall serve as chief executive officer of the commission. B. The domicile of the commission shall be in Baton Rouge. The commission…
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. § 15:328 Repealed by Acts 1995, No
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§328. Repealed by Acts 1995, No. 942, §3.
La. Rev. Stat. § 15:329 Repealed by Acts 1995, No
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§329. Repealed by Acts 1995, No. 942, §3.