PocketLaw | Louisiana Laws | Code of Criminal Procedure

Code of Criminal Procedure

Checkout our iOS App for a better way to browser and research.

Short title; citation of Code

Purpose and construction

Procedures not otherwise specified

Number; gender

Mandatory and permissive language

Conjunctive, disjunctive, or both

Municipal and parochial officers included

Assistants and deputies included

References to Code articles or statutory sections

Article headings, source notes, and comments not part of law

Clerical and typographical errors disregarded

Pleading a statute

Computation of time

Oath or affirmation in criminal proceedings; witness

Filing of pleadings and documents by facsimile or electronic transmission

Courts to which applicable; military not affected

Jurisdiction and powers of courts

Inherent power and authority of courts

Adoption of local rules of court

Special sessions of court

Contempt of court; kinds of contempt

Direct contempt

Procedure for punishing direct contempt

Direct contempt; fingerprinting and photographing; exceptions

Constructive contempt

Procedure for punishing constructive contempt

Penalties for contempt

Appointment of interpreter for non-English-speaking persons

Power to order peace bonds

Application for peace bond; examination

Issuance of summons or warrant of arrest

Peace bond hearing; costs

The peace bond

Failure to give peace bond; effect

Forfeiture of peace bond

Automatic discharge

District attorney; powers and duties

Authority of attorney general; supervision of district attorney

District attorney; assistance of other counsel

Relationship of district attorney with grand jury

Defense of prosecution unlawful

Subpoena of witness to appear before attorney general and district attorney

Repealed by Acts 1999, No. 718, 1.

Abolition of coroner's jury and inquest; investigation by coroner

Autopsy

Subpoena of witnesses; testimony; subpoena duces tecum; issuance

Employment of expert assistants

Coroner's report; admissibility in evidence

Arrest of criminal suspect

Duties and powers

Property subject to seizure

Issuance of warrant; affidavit; description

Warrant issued upon oral testimony

Warrant issued upon electronic testimony

No-knock warrant

Officer to whom directed; time for execution; electronic devices

Search of a person for bodily samples; warrants; execution

Means and force in executing warrant

Authority of peace officer in executing a search warrant

Receipt for seized property

Custody of seized property; disposition

Arrest defined

Warrant of arrest; issuance

Form and contents of warrant

Execution of warrant

Effective period

Procedure when warrant defective

Procedure when arrest made for offense triable in another parish

Summons; defined

When summons may be issued by magistrate

Service of summons

Summons by officer instead of arrest and booking

Persons with outstanding warrant; arrest or release of person

Contempt; attachment of arrest for failing to appear; summons by peace officer instead of arrest

Summons by officer instead of arrest and booking; improper supervision of a minor by parent or legal guardian

Repealed by Acts 2011, No. 403, §2.

Repealed by Acts 2011, No. 403, §2.

Repealed by Acts 2011, No. 403, §2.

Securing jurisdiction over corporation, partnership, or other unincorporated association

Arrest by officer without warrant; when lawful

Arrest by private person; when lawful

Detention and arrest of shoplifters

Temporary questioning of persons in public places; frisk and search for weapons

Detaining of persons on premises of correctional institution for questioning about contraband; detention for arrest

Time and place of making arrest

Method of arrest by officer under warrant

Method of arrest without warrant

Advice of reasons for arrest or detention and of rights

Officer may summon assistance

Submission to arrest; use of force

Blood and saliva testing

Blood and saliva testing; expedited, nonincriminating procedure

Identification of minor or dependent children upon arrest; required inquiry; guidelines

Forcible entry in making arrest

Duty of peace officer as to weapons and incriminating articles

Duty of private person after making arrest

Rearrest after escape

Prevention of escape; use of force

Booking of arrested person, submission of booking information summary

Disposal of property of prisoners; Orleans Parish

Disposal of property of prisoners; Orleans Parish excepted

Disposal of unclaimed property seized in any criminal investigation; Orleans Parish excepted

Disposal of noncontraband unclaimed property seized in criminal investigations

Duties of officer in charge

Rights of person arrested

Maximum time for appearance before judge for the purpose of appointment of counsel; court discretion to fix bail at the appearance; extension of time limit for cause; effect of failure of appearance

Probable cause determinations; persons arrested without a warrant and continued in custody; bail

Close pursuit of person from another state; authority to arrest

Same; arrested person taken before judge for hearing

Electronic signature of offender; requirements

Legislative intent

Definitions

Eyewitness identification procedures

Special definitions

Extradition of wanted criminals

Extradition of persons not physically present in demanding state at the time of commission of crime

Form of demand for extradition; necessary papers

Investigation of demand by governor

Governor's warrant; issuance and recitals

Governor's warrant; execution and recall

Rights of accused; extradition hearing

Issues at extradition hearing; resulting orders

Arrest prior to demand for extradition; issuance of warrant

Commitment to await extradition

Bail in extradition cases

Persons under criminal prosecution or sentence in this state at time of requisition

Waiver of extradition proceedings

Application for issuance of requisition

Application for return of wanted fugitive

Documents to be filed with application for requisition

Appointment of agents to receive prisoner

Re-extradition agreements

Extradition costs and expenses

Immunity of extradited person from service of process in civil actions

No right of asylum or immunity from other criminal prosecutions

Authority to conduct preliminary examinations

Order for preliminary examination before and after indictment

Time for examination; procurement of counsel

Examination of witnesses; transcript of testimony

Admissibility of transcripts in other proceedings

Scope of preliminary examination before and after indictment

Transmission of transcripts and other evidence

Effect of informality in proceedings

Definitions

Right to bail before and after conviction

Gwen's Law; bail hearings; detention without bail

Detention of noncitizen defendant pending bail hearing

Authority to fix bail; bail order

Schedules of bail

Factors in fixing amount of bail

Organization performing or providing pretrial services

Juvenile records in fixing bail

Modifications of bail

Conditions of bail undertaking

Types of bail; restrictions

Commercial surety

Secured personal surety

Unsecured personal surety

Bail without surety

Repealed by Acts 1983, No. 256, 1.

Cash deposits

Those who may not be sureties

Repealed

Bail undertaking

Declaration of residence; waiver of notice

Notice of defendant's required appearance

Posting bail when arrested outside of originating jurisdiction

Repealed

Repealed

Discharge of bail obligation

Court order for arrest of defendant

Failure to appear; issuance of arrest warrant

Notice of warrant of arrest

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Proof necessary at bond forfeiture hearing

Repealed

Repealed

Interruption of the period for obtaining a bond forfeiture judgment

Cases of nonforfeiture

Notice of judgment

Recordation of judgment

Appeals

Enforcement of judgment

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Habeas corpus; definition

Venue

Application for writ; form and contents

Granting of writ; time and place for answer

Persons authorized to make service; proof of service

Method of service

Answer; production of person in custody

Transfer of custody; answer

Nonproduction of person confined; justification

Hearing

Custody without court order

Custody with court order

Effect of appeal

New warrant; when issued

Burden of proof

Custody pendente lite

Rearrest after discharge

Disobedience of writ or judgment; contempt

Appeal not permitted

Custody pending application for writs

Nature of criminal prosecution

Methods of instituting criminal prosecutions

Indictment

Information

Affidavit

Institution of prosecution after discharge at preliminary examination; after failure of grand jury to indict

Additional information required when prosecuting certain offenses

General qualifications of jurors

Court instructions for interpreter

Repealed by Acts 1974, Ex.Sess., No. 20, 1, eff. January 1, 1975

Exemption from jury service

Disqualification for undue hardship

Appointment of jury commissions; term of office; oath; quorum; performance of functions of jury commissions in certain parishes

Powers, duties, and functions of the board of jury commissioners in Orleans Parish

Notice of jury commission meetings

Powers of jury commission; penalty for disobedience of commission process

Administration of oath to witnesses

Selection of general venire in parishes other than Orleans

Initial selection of general venire; source

Selection of general venire in Orleans Parish

Orleans parish central jury pool

Jefferson Parish central jury pool

Central jury pools; local rules

Nineteenth Judicial District Court central jury pool

One day/one trial jury system

Revising and supplementing the general venire

Drawing of grand jury venire; disposition of slips; jury box; subpoena of persons on grand jury venire

Repealed

Method of impaneling of grand jury; selection of foreman

Time for impaneling grand juries; period of service

Method of filling vacancies on grand jury

Selection of additional grand juries

Duration of additional grand juries; extension of impanelment

Drawing petit jury venire in parishes other than Orleans; term of service

One-step qualification/summoning

Proces verbal; summoning of petit jurors; parishes other than Orleans

Drawing petit jury venire in Orleans parish; number chosen; term of service; petit jury venire list

Challenge of venire not permitted except for fraud or irreparable injury or systematic exclusion based on race

Oath of grand jury

Charge to grand jury

Persons present during grand jury sessions

Secrecy of grand jury meetings; procedures for crimes in other parishes

Exceptions to grand jury secrecy

Meetings of grand jury

The foreman; rules of procedure

Inquiry into offenses; authority and duties

Duty of grand juror having knowledge of offense; investigation

Subpoena of witnesses to appear before the grand jury

Witnesses; authority to compel testimony and evidence

Administration of oath to witnesses

Administration of oath to other persons

Evidence to be received by grand jury

When indictment to be found

Action by grand jury

Special definitions

Form of grand jury indictment

Form of information

Nature and contents of indictment

Specific indictment forms

Name of defendant

Naming corporation, partnership or other unincorporated association

Date and time

Venue and place

Value, price, or damage

Ownership

General intent

Identification of victim

Property described as money

Description of written instruments and printed objects

Description of spoken or written matter

Meaning of words and phrases

Judgments and other determinations

Exceptions

Conjunctive charging

Theft

Alternative offenses; special joinder rules

Allegations of prior convictions

Bill of particulars

Effect of inconsistent or limiting allegations of bill of particulars

Repugnancy; surplusage

Defective indictment; amendment

Indictment for driving while intoxicated; amendment

Variances; amendment

Continuance where amendment prejudicial

Counts

Arts. 491, 492 Repealed by Acts 1975, No. 528, 1

Joinder of offenses

Joinder of misdemeanors; penalties

Joinder of felonies; mode of trial

Joinder of defendants

Objections to misjoinder

Severance of offenses

Warrant of arrest on indictment or information

Summons in misdemeanor cases

Copy of indictment or information

AIDS testing of the accused

Right to counsel

Assignment of counsel in capital cases

Assignment of counsel in other cases

Minute entry regarding counsel

Substitution of counsel

Belated pleas and motions; when authorized

Joint representation of co-defendants; duty of court

Time for filing of pretrial motions

Hearings on motions; audio-visual appearance

Notice for hearing of pretrial motions; dismissal

Motion to quash; nature of motion

General grounds for motion to quash

Special grounds for motion to quash grand jury indictment

Special grounds for motion to quash information

Time to file motion to quash

Form and contents of motion to quash; place to file

Trial of issues arising on motion to quash

Effect of sustaining motion to quash

Arraignment of defendant

Substitution of railroad defendant at arraignment

Pleas at the arraignment

Method of pleading

Effect of failure to plead

Waivers

Plea of guilty or nolo contendere in misdemeanor cases; duty of court

Plea of guilty or nolo contendere in felony cases; duties of the court and defense counsel

Plea of guilty in capital cases

Plea of guilty of lesser included offense

Adjudication of not guilty by reason of insanity

Withdrawal or setting aside of plea of guilty

Change of plea of not guilty to guilty

Change of plea of "not guilty" to "not guilty and not guilty by reason of insanity"

Use of simultaneous audio-visual transmission for certain proceedings

Crimes for which there is no time limitation

Time limitation for certain sex offenses

Limitation of prosecution of noncapital offenses

Running of time limitations; exception

Running of time limitations; exception; persons with infirmities

Running of time limitations; exception; video voyeurism

Running of time limitations; exception; crimes against the Firefighters' Retirement System

Conviction and punishment for lesser offenses; limitations applicable

Interruption of time limitations

Suspension of time limitations; crimes against the Firefighters' Retirement System

Filing of new charges upon dismissal of prosecution

Pleading of limitation; burden of proof

General rule

Interruption of time limitation

Suspension of time limitations

Expiration of limitations; motion to quash; effect

Time limitations; effect of new trial

Interruption of time limitation where new trial

Double jeopardy; definition

When jeopardy begins

Method of pleading

Method of trial; time for disposition

Double jeopardy; when not applicable

Requirements for double jeopardy

Prosecution in other jurisdiction

Effect of verdict

Venue; trial where offense committed

Offenses on railway trains, vessels, aircraft, or other vehicles

Jurisdiction of court where body of water is parish boundary

Venue where offense committed within one hundred feet of parish boundary

Improper venue; pleading

Motion; form; time for filing

Grounds for change of venue

Change granted; transfer

Capital cases; transfer of jury

Grant of change of venue; procedure

Transfer of defendant in custody

Change of venue where defendant is on bail

Appeals

Mental incapacity to proceed defined

How mental incapacity is raised; effect

Order for mental examination

Appointment of sanity commission; examination of defendant

Sanity proceedings for juvenile defendants transferred to criminal court

Report of sanity commission

Examination by physician retained by defense or district attorney

Determination of mental capacity to proceed

Procedure after determination of mental capacity or incapacity

Information required prior to admission

Procedure when capacity regained

Prescribed medication; administration

Mental examination after plea of insanity

When defense of insanity at time of offense is available; method of trial

Burden of proof

Testimony of members of sanity commission

Legal effect of acquittal on ground of insanity; commitment

Information required prior to admission

Application for discharge or release on probation; review panel

Additional mental examinations

Discharge or release; hearing

Conditional release; criteria

Conditional release; additional requirements

Probation; conditional release; reporting

Costs of mental examinations prior to commitment

Institutional costs after commitment

Progress reports; responsibility to furnish

Grounds for recusation of judge

Recusation on court's own motion; by supreme court

Judge may act until recused

Procedure for recusation of trial judge

Selection of judge ad hoc to try motion to recuse

Judge ad hoc to try case when judge recused

Supreme court appointment of judge ad hoc

Recusation of judge ad hoc

Recusation of an appellate judge and a supreme court justice

Grounds for recusation of district attorney

Procedure for recusation of district attorney

Appointment of substitute for a recused district attorney

Disability or absence of district attorney

Costs of prosecution and investigation

Review of recusation ruling

Dismissal of prosecution by district attorney

Dismissal of indictment after conviction

Effect of dismissal

Right to a speedy trial

Setting cases for trial

Motion to suppress evidence

Severance

Effects of severance

Consolidation for trial

Motion for continuance; time for filing

Continuance and recess; definitions

Continuance based on absence of a witness

Prevention of continuance by admission of adverse party

Trial of motion

Discretionary grounds

Peremptory grounds

Continuance to defendants jointly indicted

Continuance to definite date or indefinitely

Statements by the defendant, codefendants, and witnesses

Disclosure by the state; criminal records of defendant and witnesses; inducements to the state's witnesses

Documents and tangible objects

Evidence of obscenity, video voyeurism, pornography involving juveniles, or unlawful posting of criminal activity for notoriety and publicity; prohibition on reproduction of pornography involving juveniles

Reports of examinations and tests

Evidence of other crimes

Statements of coconspirators

Confessions and statements of codefendants

State reports and other matters not subject to disclosure, favorable evidence

Documents and tangible objects

Reports of examinations and tests

Disclosure by the defendant; names of defense witnesses

Notice of defense based upon mental condition

Notice of alibi

Defense information and other matters not subject to disclosure

Time and scope of motion by defendant

Court's disposition of motion for discovery; vacation or restriction of order

Time, place and manner of discovery and inspection

Continuing duty to disclose

Pretrial conferences

Failure to comply; sanctions

Applicability of discovery

Protection of witness identity

Issuance of subpoenas

Subpoena duces tecum

Subpoena duces tecum regarding sex offenses against victims who are minors

Subpoena duces tecum regarding human trafficking offenses

Form

Service of subpoena by sheriff; investigators

Types of service

Return of subpoena by sheriff

Contempt; attachment of witnesses failing to appear

Number of witnesses allowed

Indigent defendant

Restrictions on subpoenas; members of the legislature and personnel

Method of obtaining a witness from another state

Method of summoning a witness in this state to testify in another state

Exemption from arrest and service of process

Witness; state; defined

Uniformity of interpretation

Commencement of trial

Homicide victim's picture; possession by family member in courtroom

Place of sessions of court

Proceedings on holidays

Exclusion of witnesses

Normal order of trial

Opening statement by state; scope

Same; prohibition against adverting to confessions

Same; use of confession or inculpatory statement; notice to defendant prior to opening statement

Same; effect on introduction of evidence

Prejudicial remarks; basis of mistrial

Admonition

Comment on facts by judge in jury's presence prohibited

Order of evidence; foundation

Argument; scope

Mistrial; grounds for

Automatic stay following order of mistrial

Oath of witness

Recordation of proceedings

Motion for acquittal

Trial of misdemeanors

Right to waive trial by jury

Charges in cases tried without a jury

Number of jurors composing jury; number which must concur; waiver

Excusing, tendering, and attachment of members of the venire

Method of selecting panel

Tales jurors

Examination of jurors

Disqualification of petit jurors in particular cases

Tendering jurors

Alternate jurors

Swearing of jurors

Sequestration of jurors and jury

Selection of foreman

Use of evidence in jury room; reading of recorded testimony; jurors' notes

Removal of jury

Time for challenges; method; peremptory challenges based on race or gender; restrictions

Removal of juror after swearing

Challenge for cause

Causes for challenge by the state

Number of peremptory challenges

Challenges; use of all available challenges

Objection to ruling on challenge for cause

Time for charge; when written charge required

General charge; scope

Same; charge as to included minor offenses and plea of insanity

Same; charge as to presumption of innocence, reasonable doubt, and several grades of offense

Same; charge as to verdict acquitting on account of insanity

Prohibited charges

Special written charges

Manner of giving further charges after jury retires

Judge to give jury written list of responsive verdicts

Form of verdict; delivery of verdict

Receipt and recordation of verdict

Same; polling and disposition of jury

Improper verdict; procedure

Responsive verdicts; in particular

Responsive verdicts; in general

Verdict acquitting on account of insanity

Qualifying verdicts

Separate verdict for each defendant

Separate verdict for each count

Application of chapter to cases tried without a jury

Motion for post verdict judgment of acquittal

Motion for amending or modifying sentence

Presence of defendant when prosecution is for felony

Continued presence not required

Presence of defendant; misdemeanor prosecution

When presence of defendant not necessary

Presence of defendant at pronouncement of sentence

Presence of corporation or association

Bill of exceptions unnecessary; objections required

Codefendants; presumption as to objections

Recording of proceedings

Assignment of errors; sanctions for failure to file timely

Repealed by Acts 1982, No. 143, 3

Grounds for new trial

Form, content, and trial of motion for new trial

Time for filing motion for new trial

Newly discovered evidence; necessary allegations

Errors discovered after verdict or judgment of guilty; necessary allegations

Conviction based on acts committed as a victim of trafficking

Motion to urge all available grounds; exceptions

Effect of granting new trial

Review of ruling on motion for new trial

Grounds for arrest of judgment

Form, content, and trial of motion in arrest

Time for filing motion in arrest

Effect of sustaining motion in arrest of judgment

Sentence defined; pronouncing and recording of sentence; certification of conviction

Sentencing orders to be sent to Louisiana Protective Order Registry

Presentence inquiry of veteran status

Basis for valid sentence

Delay between conviction and sentence

Prompt sentence required; relief by writs

Presentence investigation; juvenile records; drug screening; veterans

Determination of substantial financial hardship to the defendant

Determination of substantial financial hardship to the defendant

Sentence for crime committed as a child

Protection of investigation reports

Cruel or unusual punishment

Sentencing hearing for juvenile offenders

Determinate sentence required

Credit for prior custody; limitations

Amendment of sentence

Motion to reconsider sentence

Review of sentence

Record on review of sentence

Action by appellate court

Correction of illegal sentence by trial court

Reducing a sentence for substantial assistance

Memorandum of understanding; limits on reduction of sentence for substantial assistance by a defendant

Correction of illegal sentence; review of illegal sentence

Concurrent and consecutive sentences

Sentences concurrent with sentences of other jurisdictions

Restitution to victim

Sentence of fine with imprisonment for default

Release on payment of fine and costs

Suspension of driving privileges; failure to pay criminal fines

Enforcement of fine by civil process; offset of tax refund

Judgment for fines and costs declared executory; required notice

Defendant's liability for costs; suspension of costs; no advance costs

Costs and fines; payment

Collection and disposition of fines, costs, and forfeitures

Method of service of sentence of imprisonment; labor and confinement; workday release program

Waiver of minimum mandatory sentences; procedure; exceptions

Fines for individual defendants

Sentencing for crimes of violence

Forfeiture of weapons

Post-sentence statement by sheriff; accompanying documents

Driver improvement programs

Notice of controlled dangerous substance conviction; licensing authority

Transfer of foreign nationals or citizens; treaty

Suspension and deferral of sentence and probation in felony cases

Motion to invoke firearm sentencing provision

Discharge, use, or possession of firearm in commission of a felony or a specifically enumerated misdemeanor; submission to jury

Sentence imposed on felony or specifically enumerated misdemeanor in which firearm was possessed, used, or discharged

Inapplicability to unintentional felonies

Community service in lieu of imprisonment

Suspension and deferral of sentence; probation in misdemeanor cases

Sentencing guidelines; generally

Home incarceration; requirements

Notice to victim for sentencing

Probation; extension

Submission of DWI - Code of Criminal Procedure Article 894 Plea Records to office of motor vehicles; forms to be used and completed by the clerk of court

Conditions of probation

Probation; restitution; judgment for restitution; fees

Probation; restitution for values of wildlife

Probationer transferred between states; fees

Probation; fees; certified crime stoppers organizations

Restitution recovery division; district attorneys; establishment

Compliance credits; probation

Modifying or changing conditions of probation

Termination of probation or suspended sentence; discharge of defendant

Satisfaction of suspended sentence and probation

Arrest or summons for violation of probation

Administrative sanctions for technical violations

Administrative sanctions for technical violations; offenses other than crimes of violence or sex offenses

Violation hearing; sanctions

Revocation for commission of another offense

Additional sanctions for probation revocation

Drug addict; pre-sentence investigation; voluntary treatment; conditions of probation

Substance abuse probation program; authorization

Substance abuse probation program; eligibility

Substance abuse probation; sentencing

Substance abuse treatment program; cost

Capital cases; sentencing hearing required; delay; waiver

Sentencing hearing jury; commencement

Sentencing hearing; procedure and evidence; jury instructions

Sentence of death; jury findings

Aggravating circumstances

Mitigating circumstances

Article
905.5.1

Intellectual disability

Jury; unanimous determination

Form of determination

Imposition of sentence

Review on appeal

Right to appeal from judgment

Judgments or rulings appealable

Right of appeal and application for review; defendant

Effect of appeal

Method and time of appeal

Designation of record; payment of costs; sanction

Action on a motion for appeal; return; notice

Appeals; extension of return date; notice

Divesting of jurisdiction of trial court

Record on appeal; preparation

Record on appeal; certified and dated

Record on appeal; preparation and delivery of transcripts

Record on appeal; contempt

Scope of appellate review

Matters not grounds for reversal

Notice of decision in criminal appeals

Finality of judgment on appeal

Duty of clerk as to final decisions in appellate court

Definitions

Effect of appeal

Venue

Petition

Application for DNA testing

Factual innonence

Motion for testing of evidence

Procedural objections; answer

Dismissal upon the pleadings

Summary disposition

Evidentiary hearing

Judgment granting or denying relief under Articles 928, 929, and 930

Burden of proof

Grounds

Repetitive applications

Custody pending retrial; bail

Review of trial court judgments

Right to counsel

Time limitations; exceptions; prejudicial delay

Attendance by the petitioner

Departure from this Title; post conviction plea agreements

Courts, judges, and magistrates

Jurors, juries, and jury venires

Offenses

Miscellaneous definitions

Legislative findings

Definitions

Preemption of conflicting provisions

Emergency sessions of court; criteria

Venue; affected court; emergency sessions; habeas corpus

Jurisdiction of affected court conducting emergency sessions

Affected court conducting emergency sessions; authority and powers

Emergency sessions; length; recision; continuation; extensions

Court costs and fees

Authority of district attorney in emergency sessions of court

Sheriff; law enforcement officer

Clerk of affected court

Authority of indigent defender board in emergency sessions of court

Jury pool; emergency sessions

Suspension of time limitations in affected courts; ninety days; recision; extensions; exceptions

Appeals; application for supervisory writs

Bail during emergency sessions of court; selected offenses

Suspension of time limitations in declared disaster, emergency, or public health emergency

Legislative findings

Definitions

Effect of expunged record of arrest or conviction

Dissemination of expunged records by third parties; court order

Individuals incarcerated; ineligible to file motion to expunge records

Motion to expunge record of arrest that did not result in a conviction

Motion to expunge a record of arrest and conviction of a misdemeanor offense

Motion to expunge record of arrest and conviction of a felony offense

Service of motion to expunge a record

Contradictory hearing

Judgment granting motion to expunge a record of arrest or conviction; execution

Service of order and judgment of expungement

Costs of expungement of a record; fees; collection; exemptions; disbursements

Additional requirements for the expungement of records involving the operation of a vehicle while intoxicated; additional fee

Expungement by redaction of records with references to multiple individuals

Interim motion to expunge a felony arrest from criminal history in certain cases resulting in a misdemeanor conviction

Forms for the expungement of records

Motion to set aside conviction and dismiss prosecution; rule to show cause; order of dismissal forms to be used

Motion for fee exemption form to be used

Motion for expungement forms to be used

Affidavit of response form to be used

Order form to be used

Order of expungement form to be used

Supplemental forms to be used

Motion for interim expungement form to be used

Order of interim expungement form to be used

Submission of expungement records to office of motor vehicles; forms to be used and completed by the clerk of court

Definitions

Duties of the sheriff; other law enforcement agencies

Transfer of firearms

Designation of crime of violence against family member, household member, or dating partner

Transfer or storage of transferred firearms

Public records; exception

Implementation

Art. 1021.