reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:185.9. Implementation of indigent parent representation program; timeline

RS 15:185.9 - Implementation of indigent parent representation program; timeline
A. In the development of the Indigent Parents' Representation Program, the board shall consider all of the following:
(1) Forms of delivery of representation that maximize the efficient and effective provision of counsel to indigent or absent parents.
(2) The local variances which occur from judicial district to judicial district throughout the state.
(3) The variations in representation practices and procedures in rural, urban, and suburban jurisdictions.
B.(1) Subject to appropriation, or the availability of other monies made available to the program, the board shall develop a program which considers the interest of establishing a flexible delivery system that is responsive to and respectful of jurisdictional variances and local community needs and interests and incrementally implementing that program throughout the state with a full implementation goal of July 1, 2012.
(2) The board shall determine the best method of incremental implementation of the Indigent Parents' Representation Program that is the most efficient, feasible, practicable, and appropriate to provide for the delivery of indigent or absent parent representation as required by the provisions of this Part and rules adopted by the board.
(3) The board shall work in conjunction with the Task Force on Legal Representation in Child Protection Cases in developing the implementation of the parents' representation program.
C. In recognition of the provisions of this Section, the board shall:
(1) Adopt all rules required by the provisions of this Part by August 15, 2008.
(2) Require all district public defenders to provide reporting of cases as required by R.S. 15:185.6 no later than January 1, 2009.
(3) The board shall develop a plan of implementation in conjunction with the Task Force on Legal Representation in Child Protection Cases and appear before the House and Senate committees on health and welfare and provide a report of the status of the implementation of the Indigent Parents' Representation Program prior to the convening of the 2010 Regular Session of the Legislature.
Acts 2007, No. 95, §2; Acts 2016, No. 407, §2, eff. June 5, 2016.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:186.1. Purpose

RS 15:186.1 - Purpose
The purpose of this Part is to provide for an effective and efficient system of providing qualified legal representation for indigent children committed to the custody of the office of juvenile justice pursuant to Title VII and Title VIII of the Louisiana Children's Code and to promote safe return and reentry for youth in custody.
Acts 2016, No. 617, §2.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:186.2. Definitions

RS 15:186.2 - Definitions
For the purposes of this Part, the following words shall have the following meanings:
(1) "Board" means the Louisiana Public Defender Board, or any successor to that board, which is authorized to regulate the providing of legal services to indigent persons in criminal proceedings in which the right to counsel attaches under the United States and Louisiana Constitutions. The board is also authorized to regulate the providing of representation to indigent parents as authorized by this Part.
(2) "Custody" means the legal custody of the office of juvenile justice, which follows on commitment by a Louisiana court exercising juvenile jurisdiction to the office of juvenile justice as provided in Titles VII and VIII of the Louisiana Children's Code.
(3) "District office" means the office of a district public defender.
(4) "District public defender", "chief indigent defender", or "chief public defender" means an attorney employed by or under contract with the board to supervise service providers and enforce standards and guidelines within a judicial district or multiple judicial districts.
(5) "Indigent child representation" means the providing of legal services to indigent children committed to the custody of the office of juvenile justice pursuant to Title VII and Title VIII of the Louisiana Children's Code.
(6) "Office of juvenile justice" and "the office" means the Department of Public Safety and Corrections, youth services, office of juvenile justice.
(7) "Public defender" or "indigent defender" means an attorney employed by or under contract with the board, the district public defender, or a nonprofit organization contracting with the board or the district public defender to provide representation as required by the provisions of the Louisiana Children's Code.
(8) "Safe Return Program" or "the program" means the Safe Return Representation Program administered pursuant to the Part.
Acts 2016, No. 617, §2.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:186.4. Standards and guidelines for representation of indigent children in custody; rulemaking

RS 15:186.4 - Standards and guidelines for representation of indigent children in custody; rulemaking
A. The board shall adopt all rules necessary to implement the provisions of this Part.
B. The rules shall include mandatory statewide standards and guidelines for the representation of indigent children in the custody of the office of juvenile justice to be provided in a uniform manner and consistent throughout the state.
C. All rules and regulations shall be promulgated in accordance with the Administrative Procedure Act and subject to legislative oversight by the House Committee on Health and Welfare and the Senate Committee on Health and Welfare.
Acts 2016, No. 617, §2.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:186.5. Safe Return Representation Program Fund

RS 15:186.5 - Safe Return Representation Program Fund
A. "The Louisiana Safe Return Representation Program Fund", hereafter referred to as "the fund", is hereby created within the state treasury. Interest earned on the investment of monies in the fund shall be deposited into the fund. Unexpended and unencumbered monies in the fund at the close of each fiscal year shall remain in the fund. Monies in the fund shall be appropriated, administered, and used solely as provided in this Section.
B. The fund shall be comprised of all monies appropriated by the legislature specifically for the program or other monies made available to the program. All monies required to be deposited in the state treasury in accordance with Article VII, Section 9(A), of the Louisiana Constitution shall be deposited in the fund after first meeting the requirements of Article VII, Section 9(B), of the Louisiana Constitution.
C. The fund shall be segregated from all other funds and shall be used solely to provide for the implementation and operation of the Safe Return Representation Program. Monies appropriated to the fund shall also be used to supplement the judicial district indigent defender funds as provided in R.S. 15:168 and shall not be used to displace, replace, or supplant monies available for this program or the purpose of providing legal representation to children in the custody of the office of juvenile justice.
D. Monies in the fund which have been appropriated to the Louisiana Public Defender Board shall be administered by the Louisiana Public Defender Board, or any successor to that board.
E. The board shall not commingle the monies appropriated from the fund with any other monies of the board.
Acts 2016, No. 617, §2.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:186.6. Implementation of Safe Return Representation Fund

RS 15:186.6 - Implementation of Safe Return Representation Fund
A. Subject to appropriation, or the availability of other monies to the program, the board shall develop a program to establish a flexible delivery system that is responsive to jurisdictional variances and local community needs. The board may implement the program incrementally, but full statewide implementation shall be completed not later than July 1, 2017.
B. The board shall choose a method of implementation of the Safe Return Representation Program that is efficient, feasible, practicable, and appropriate to provide the best delivery of indigent parent representation.
Acts 2016, No. 617, §2.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:191. Place of trial of criminal neglect of family cases

RS 15:191 - Place of trial of criminal neglect of family cases
When any person shall desert or intentionally not support his family in violation of R.S. 14:74, the offense may be prosecuted and punished:
(1) In the parish where the person owing the duty of support resides or is found, or
(2) In the parish where the last matrimonial domicile was established, or
(3) In the parish where the person (or persons) to whom the duty of support is owed establishes a bona fide residence, provided that this provision shall be effective only if the person to whom the duty of support was owed was justified in establishing a separate residence.
Acts 1966, No. 311, §2, eff. Jan. 1, 1967.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:211. Procedures in handling defendants committed to mental institutions because of lack of capacity to stand trial

RS 15:211 - Procedures in handling defendants committed to mental institutions because of lack of capacity to stand trial
A. The medical staff of a mental institution to which a defendant is committed after he has been found not guilty by reason of insanity or after a court determines that he lacks mental capacity to proceed with a criminal trial shall review the defendant's record after the first sixty days and after one hundred twenty days of commitment and every one hundred eighty days thereafter to determine his present mental condition and whether he is presently capable of being discharged, conditionally or unconditionally, or being placed on probation, without being a danger to others or himself, or presently capable of standing trial. The superintendent of the institution shall make such recommendations to the review panel or the court as provided for in Title XXI relating to insanity proceedings of the Code of Criminal Procedure.
B. The medical staff shall, as long as the defendant remains in the mental institution, have full authority to determine whether his condition is such as to require that he be confined in a security ward or place designated pursuant to R.S. 28:25 for the confinement of patients charged with crimes or misdemeanors, or should be transferred into a different type of ward in the institution.
Acts 1966, No. 311, §2, eff. Jan. 1, 1967; Acts 1987, No. 928, §3, eff. July 20, 1987; Acts 1988, No. 383, §2.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:221. Appointment of substitute judge by supreme court

RS 15:221 - Appointment of substitute judge by supreme court
Whenever any district judge is prevented by any cause whatever from holding court, and that fact is made to appear, by the certificate of the clerk under the seal of the court, to the supreme court or to any justice thereof, if in the judgment of the court or any justice the public interest so requires, the court or such justice shall designate and appoint any district judge of any other district to hold said court and discharge all the duties of the judge so disabled during such disability. Such appointment shall be filed in the clerk's office of and entered on the minutes of said district court, and a certified copy thereof, under the seal of the court, shall be transmitted by the clerk of the district court to the district judge so designated and appointed.
Acts 1966, No. 311, §2, eff. Jan. 1, 1967.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:241. Medical, psychological, psychiatric examination of certain victims under age eighteen; polygraph examinations; prohibition

RS 15:241 - Medical, psychological, psychiatric examination of certain victims under age eighteen; polygraph examinations; prohibition
A. If the defendant is charged with a violation of R.S. 14:93 or any provision of Subpart C of Part II, Subpart B of Part IV, or Subpart A(1) or A(4) of Part V of Chapter 1 of Title 14 of the Louisiana Revised Statutes of 1950, and the victim was under the age of eighteen at the time of the offense, the defendant shall not be entitled to compel the victim to submit to a medical, psychological, or psychiatric examination, unless the court finds, after a contradictory hearing with the state, that such an examination is necessary and appropriate and will not cause the victim undue emotional stress and is not being sought for the purpose of harassing or intimidating the victim. At such a hearing the defendant shall not be entitled to compel the attendance of the victim.
B. No law enforcement officer, prosecutor, or other governmental official shall request or require any victim, regardless of age, of an alleged sex offense as defined in R.S. 15:541 to submit to a polygraph examination or other device used to measure the truthfulness of the victim as a condition of proceeding with the investigation of the offense.
C. The refusal of a victim of an alleged sex offense to submit to an examination described in Subsection B of this Section shall not prevent the investigation, charging, or prosecution of the offense.
Acts 1995, No. 754, §1; Acts 2008, No. 816, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:242. Pretrial diversion for driving while intoxicated; reporting

RS 15:242 - Pretrial diversion for driving while intoxicated; reporting
Notwithstanding any provision of law to the contrary, if a person is placed into a pretrial diversion program following an arrest for a violation of R.S. 14:98, operating a vehicle while intoxicated, or a parish or municipal ordinance that prohibits operating a vehicle while intoxicated, while impaired, or while under the influence of alcohol, drugs, or any controlled dangerous substance, then the prosecuting authority shall maintain a record consisting of the name of the person, the arrest date, and a description of the pretrial intervention or diversion program into which the person was placed. Such record shall become a public record when the person has successfully completed the intervention program or is terminated from the program.
Acts 1997, No. 714, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:243. Buyer Beware Program; post-conviction program for offenders; pre-trial diversion program for defendants; individuals engaged in the purchase of sexual activity and solicitation of prostitutes

RS 15:243 - Buyer Beware Program; post-conviction program for offenders; pre-trial diversion program for defendants; individuals engaged in the purchase of sexual activity and solicitation of prostitutes
A.(1) The district attorney for each judicial district, alone or in conjunction with the district attorney of an adjacent judicial district, may create and administer a program for defendants charged, or offenders convicted, with an offense in which the defendant engaged in the purchase of sexual activity, including those charged or convicted pursuant to R.S. 14:82.2 or 83. The program shall educate the defendants or offenders about the harms, exploitation, and negative effects of prostitution. The district attorney, at his discretion, may choose to be the operator of the program using his own office personnel or may choose a vendor as the operator of the program.
(2) The program may be offered, at the discretion of the district attorney, to an offender as part of a pre-trial diversion program unless the offense involves the purchase of sexual activity from a minor.
B. At the discretion of the district attorney, after any costs associated with the administration of the program are paid, a portion of all monies collected pursuant to the provisions of this Section may be distributed to entities within their judicial district, or within the judicial districts participating in the program, that provide rehabilitative services and treatment to victims of offenses involving human trafficking and trafficking of children for sexual purposes.
C. If the district attorney fails to develop a program, alone or in conjunction with the district attorney of an adjacent judicial district, the court shall order that the offender, who is sentenced pursuant to the provisions of R.S. 14:82.2 or 83, attend a certain number of meetings for sexual addiction recovery with a local recovery group.
D. If the district attorney fails to develop a program, alone or in conjunction with the district attorney of an adjacent judicial district and there is no local recovery group for sexual addiction within the judicial district or within a fifty-mile radius of the offender's home, the court shall order the offender, who is sentenced pursuant to the provisions of R.S. 14:82.2 or 83, to complete an online course which educates the offenders about the harms, exploitation, and negative effects of prostitution.
E. The program provided for in this Section shall be known as the "Buyer Beware Program".
Acts 2014, No. 564, §2; Acts 2018, No. 663, §2.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:244. Military pretrial diversion program

RS 15:244 - Military pretrial diversion program
A. In addition to any existing pretrial diversion program, the district attorney for each judicial district, alone or in conjunction with the district attorney of an adjacent judicial district, may create and administer a special pretrial diversion program for defendants who meet the following requirements:
(1) The individual is a veteran as defined in R.S. 13:5364.
(2) The defendant has been diagnosed with post traumatic stress disorder as a result of military service and provides documentation of the diagnosis to the court.
B. At the discretion of the district attorney, after costs associated with the administration of the program are paid, a portion of all remaining monies collected pursuant to this Section may be distributed to entities within the judicial district, or within the judicial districts participating in the program, that provide rehabilitative services and treatment to veterans who have been diagnosed with post traumatic stress disorder.
Acts 2018, No. 251, §1, eff. May 15, 2018.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:252. Witnesses' fees and mileage

RS 15:252 - Witnesses' fees and mileage
Witnesses subpoenaed in all preliminary criminal trials or proceedings, for attendance before grand juries and upon final trials shall receive a per diem of three dollars per day and mileage of not more than five cents for each mile necessarily traveled in going to and returning from court, the exact amount to be fixed by the police juries of the several parishes, provided, however, that in the parishes of Acadia and Vermilion witnesses shall not be allowed any fees, per diem or mileage in all preliminary criminal trials or proceedings and for attendance before grand juries, provided further, however, that witnesses subpoenaed in the parishes of Acadia and Vermilion upon final trials shall receive a per diem of three dollars per day and mileage of not more than five cents for each mile necessarily travelled in going to and returning from court, the exact amount to be fixed by the police juries of the parishes of Acadia and Vermilion.
Acts 1966, No. 311, §2, eff. Jan. 1, 1967. Amended by Acts 1969, No. 167, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:253. Witnesses not residents of parish

RS 15:253 - Witnesses not residents of parish
Witnesses who are summoned to testify in prosecutions pending in other parishes than those in which they reside, shall receive a compensation of five cents for every mile they may necessarily travel in going and returning, and five dollars for every day they may be necessarily in attendance upon the court.
Acts 1966, No. 311, §2, eff. Jan. 1, 1967.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:254. Sheriffs, jurors and law enforcement officers not entitled to witness fees

RS 15:254 - Sheriffs, jurors and law enforcement officers not entitled to witness fees
No sheriff, deputy sheriff or juror, and no law enforcement officer except as otherwise provided by R.S. 15:254.1 and R.S. 15:255 while attending court as such, shall be allowed any compensation for attendance as a witness in any criminal case.
Acts 1966, No. 311, §2, eff. Jan. 1, 1967. Amended by Acts 1975, No. 568, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:254.1. Compensation of off-duty law enforcement officers; City Court of New Iberia

RS 15:254.1 - Compensation of off-duty law enforcement officers; City Court of New Iberia
A. Any sheriff, deputy sheriff, city or state police officer, or other law enforcement officer subpoenaed to testify in a traffic, criminal, or juvenile case before the City Court of New Iberia or on a date or at a time when such an officer is off duty shall be paid the sum of fifty dollars per case per day by the clerk of the city of New Iberia. The clerk of the city of New Iberia shall transmit the fees due under this Section to the law enforcement officer's employer within thirty days after the officer qualifies for the fee. The employer shall be responsible for calculating and withholding all requisite deductions for taxes and for transferring or remitting all sums of employee withholdings to the appropriate taxing authorities, on behalf of the law enforcement officer and, within thirty days after receipt of the funds, for making payment of the appropriate net amount to the law enforcement officer. Compensation allowed law enforcement officers as witnesses in accordance with the provisions of this Section shall not be deemed to be in lieu of, or to constitute any portion of, the salary or compensation paid to such law enforcement officers for the performance of the duties of their jobs, nor shall the payment of such witness fees be taken into consideration in determining the salary, any salary increase, or any supplemental pay by the state to which any law enforcement officer is or becomes entitled.
B.(1) The maximum allowable fee to be received by an officer on any given day when he is summoned in an off-duty status shall be one hundred fifty dollars per day, no matter how many summonses he receives per specific day. Said sum shall be in addition to any other compensation the law enforcement officer is eligible to receive from his or her employer.
(2) Witness fees provided by this Subsection shall be paid from costs of court which shall be assessed and collected in individual cases in which there is a plea of guilty or a conviction, in accordance with a schedule of costs adopted by the judge or judges of the City Court of New Iberia. The costs so collected shall be placed in a special fund maintained and administered by the governing authority, the city of New Iberia, and from which the governing authority shall pay the witness fees provided for herein.
(3) The judge or judges of the City Court of New Iberia may adjust the schedule of costs from time to time as the need for funds may require.
C. As a condition precedent to receipt of the compensation provided in this Section, the law enforcement officer and his superior shall be required to certify to the clerk of the City Court of New Iberia that the officer was summoned to testify on a day while he was off duty and did in fact appear in court as commanded in the subpoena.
Acts 1985, No. 981, §1; Acts 1992, No. 667, §1; Acts 2005, No. 96, §2, eff. Jan. 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:254.2. Compensation of off-duty law enforcement officers; Fifteenth Judicial District Court, Lafayette Parish

RS 15:254.2 - Compensation of off-duty law enforcement officers; Fifteenth Judicial District Court, Lafayette Parish
Any sheriff, deputy sheriff, city or state police officer, or other law enforcement officer subpoenaed to testify in a criminal case in Lafayette Parish before the Fifteenth Judicial District Court on a date or at a time when such officer is off duty shall be paid the sum of fifteen dollars per day by the clerk of court of Lafayette Parish. The clerk of court of Lafayette Parish shall transmit the fees due under this Section to the law enforcement officer's employer within thirty days after the officer qualifies for the fee. The employer shall be responsible for calculating and withholding all requisite deductions for taxes and for transferring or remitting all sums of employee withholdings to the appropriate taxing authorities, on behalf of the law enforcement officer and, within thirty days after receipt of the funds, for making payment of the appropriate net amount to the law enforcement officer. Said sum shall be in addition to any other compensation the aforesaid law enforcement officer is eligible to receive. Provided that as a condition precedent to receipt of the compensation provided in this Section, the aforesaid law enforcement officer and his superior shall be required to certify to the clerk of court issuing the subpoena that the officer was summoned to testify on a day while he was off duty and did in fact appear in court as commanded in the subpoena. Said sum shall not be taxed as court costs.
Added by Acts 1979, No. 293, §1; Acts 2005, No. 96, §2, eff. Jan. 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:254.3. Compensation of off-duty law enforcement officers; City Court of Lafayette

RS 15:254.3 - Compensation of off-duty law enforcement officers; City Court of Lafayette
Any sheriff, deputy sheriff, city or state police officer, or other law enforcement officer subpoenaed to testify in a traffic or criminal case before the City Court of Lafayette on a date or at a time when such officer is off duty shall be paid the sum of five dollars per day by the clerk of the City Court of Lafayette. The clerk of the City Court of Lafayette shall transmit the fees due under this Section to the law enforcement officer's employer within thirty days after the officer qualifies for the fee. The employer shall be responsible for calculating and withholding all requisite deductions for taxes and for transferring or remitting all sums of employee withholdings to the appropriate taxing authorities, on behalf of the law enforcement officer and, within thirty days after receipt of the funds, for making payment of the appropriate net amount to the law enforcement officer. Provided that as a condition precedent to receipt of the compensation provided in this Section, the aforesaid law enforcement officer and his superior shall be required to certify to the clerk of the City Court of Lafayette that the officer was summoned to testify on a day while he was off duty and did in fact appear in court as commanded in the subpoena. The maximum allowable fee to be received by an officer on any given day when he is summoned in an off-duty status will be five dollars, no matter how many summons he receives for the specific day. Said sum shall be in addition to any other compensation the aforesaid law enforcement officer is eligible to receive. Said sum shall not be taxed as court costs.
Added by Acts 1979, No. 294, §1; Acts 2005, No. 96, §2, eff. Jan. 1, 2006.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:254.7. Compensation of off-duty law enforcement officers; City Court of East St. Tammany

RS 15:254.7 - Compensation of off-duty law enforcement officers; City Court of East St. Tammany
Any sheriff, deputy sheriff, city or state police officer, or other law enforcement officer subpoenaed to testify in a traffic, criminal, or juvenile case before the City Court of East St. Tammany on a date or at a time when such officer is off duty shall be paid the sum of twenty-five dollars per subpoena per day by the clerk of the City Court of East St. Tammany. The clerk of the City Court of East St. Tammany shall transmit the fees due under this Section to the law enforcement officer's employer within thirty days after the officer qualifies for the fee. The employer shall be responsible for calculating and withholding all requisite deductions for taxes and for transferring or remitting all sums of employee withholdings to the appropriate taxing authorities, on behalf of the law enforcement officer and, within thirty days after receipt of the funds, for making payment of the appropriate net amount to the law enforcement officer. Compensation allowed law enforcement officers as witnesses in accordance with the provisions of this Section shall not be deemed to be in lieu of, or to constitute any portion of, the salary or compensation paid to such law enforcement officers for the performance of the duties of their jobs, nor shall the payment of such witness fees be taken into consideration in determining the salary, any salary increase, or any supplemental pay by the state to which any law enforcement officer is or becomes entitled. As a condition precedent to receipt of the compensation provided in this Section, the law enforcement officer and his superior shall be required to certify to the clerk of the City Court of East St. Tammany that the officer was summoned to testify on a day while he was off duty and did in fact appear in court as commanded in the subpoena. The maximum allowable fee to be received by an officer on any given day when he is summoned in an off-duty status will be seventy-five dollars, no matter how many summons he receives for that specific day. Said sum shall be in addition to any other compensation the law enforcement officer is eligible to receive. When the fee is for the testimony of an off-duty law enforcement officer employed by public safety services of the Department of Public Safety and Corrections, the fee shall be paid directly to public safety services.
Added by Acts 2001, No. 46, §1; Acts 2005, No. 96, §2, eff. January 1, 2006; Acts 2020, No. 205, §2, eff. June 11, 2020.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:255.1. Witness fees to retired or former law enforcement officers

RS 15:255.1 - 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 in any district or parish court or any court exercising juvenile jurisdiction, to testify as to events which occurred during his employment as a law enforcement officer, the retired or former law enforcement officer shall be paid the sum of fifty dollars for each day per case, but not more than one hundred fifty dollars in any one day, regardless of the number of cases for which he is required to be present or whether he actually testified in the case, and which sum shall be paid from those costs of court collected pursuant to the provisions of R.S. 15:255(D)(1) and (2).
B. The retired or former law enforcement officer shall submit to the parish governing authority an application for payment of the fee, accompanied by documentation verifying service as a witness. Within sixty days of receipt of the application for the fee, along with accompanying documentation, the governing authority of the parish shall transmit the fees due under this Section to the retired or former law enforcement officer.
Acts 2014, No. 4, §1
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:256. Fees where more than one case on same day

RS 15:256 - 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 Section shall not apply to the city of New Orleans.
Acts 1966, No. 311, §2, eff. Jan. 1, 1967. Amended by Acts 1980, No. 690, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:257. Placing material witness under bond; exception for victims

RS 15:257 - 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 prosecution or the defense, as the case may be, and it is shown that it may become impracticable to secure the presence of the person by subpoena, a judge, as defined in Code of Criminal Procedure Article 931, shall issue a warrant for the arrest of the witness. The witness shall be arrested and held in the parish jail, or such other suitable place as shall be designated by the court, until he gives an appearance bond as provided for defendants when admitted to bail, or until his testimony shall have been given in the cause or dispensed with.
Acts 1966, No. 311, §2, eff. Jan. 1, 1967. Amended by Acts 1968, No. 149, §1; Acts 2010, No. 485, §1; Acts 2019, No. 410, §1, eff. June 11, 2019.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:258. Taking deposition of witness imprisoned in default of bond

RS 15:258 - 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 prosecution is pending to have his testimony taken in writing; and thereupon the judge shall order said testimony to be taken in writing before him in court or in chambers or before any officer authorized by law to administer oaths, after giving forty-eight hours personal notice to the accused and to the district attorney to be present at the time and place of the taking of said testimony; provided, that with the consent of the district attorney and of the accused any and all delays for the taking of said testimony may be waived. If the accused is in jail, the sheriff shall be notified and shall produce the accused at the time and place designated to be confronted with the witness. The testimony when so taken shall be sworn to and signed by the witness if he knows how to write, if not, by his ordinary mark attested by the officer taking the testimony; and the said testimony so certified to shall be without delay returned by the officer taking the same into the court in which said prosecution is pending, together with the said notice and the officer's return of service annexed thereto, and thereupon the said witness shall be discharged from custody.
The taking of this testimony shall be without expense to the witness, but shall be taxed as a part of the costs of the prosecution.
Acts 1966, No. 311, §2, eff. Jan. 1, 1967.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:259. Admissibility of depositions taken in jail

RS 15:259 - 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 before the grand jury as well as on the trial of the accused, subject to all legal objections, but shall not be admissible when the presence of the witness can be procured by subpoena; provided that whenever an accused, not in jail, shall have been duly notified to be present at the taking of said testimony and shall not attend, he shall not be allowed to set up the plea that he had been deprived of his right to be confronted with the witnesses against him.
Acts 1966, No. 311, §2, eff. Jan. 1, 1967.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:260. Production of certain records of a victim; conditions

RS 15:260 - 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 production of medical, psychological, school, or other records pertaining to the victim shall not be issued upon request of the defendant unless the subpoena or court order identifies the records sought with particularity and is reasonably limited as to subject matter, and the court finds, after a contradictory hearing with the state, that the requested records are likely to be relevant and admissible at trial and are not sought for the purpose of harassing the victim.
B. Any records obtained by the defendant or his attorney without full compliance with the provisions of this Section shall be inadmissable in any criminal proceeding.
C. The district attorney shall provide written notice to the victim, or counsel for the victim if applicable, of the contradictory hearing required by the provisions of this Section.
D. Willful violation of the provisions of this Section may be punishable as contempt of court.
Acts 1995, No. 755, §1; Acts 2017, No. 337, §2.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:261. Disposition of witness or appearance fees for off-duty law enforcement officers

RS 15:261 - 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 enforcement officer is compensated by his governmental employer for an appearance in court in his official capacity as a witness in any criminal case or delinquency adjudication in any city or district court during any time he would not otherwise be required to report to work or perform the duties of his office, then the officer of the court responsible for the disposition of any witness or appearance fee provided in law to compensate or reimburse for the cost of such officer's appearance shall pay the fee to the fiscal officer or other person designated by the officer's governmental employer to receive revenues on behalf of the governmental body.
B. The governmental employer may retain such portion of the appearance fee as is necessary to reimburse it for salary, benefits, and other expenses it expends in making its employee available for the appearance. If the witness or appearance fee exceeds the amount the employer is required to pay in salary, benefits, and expenses for such appearance, the employer shall transmit the difference to the officer who made the appearance. In no case, however, shall the officer receive less than he would have been compensated if he had received the fee directly.
Acts 1997, No. 918, §1; Acts 1999, No. 552, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:270. Interpreters for deaf or severely hearing-impaired persons

RS 15:270 - 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 appointed by the court. In all cases where the mental condition of a person is being considered and where such person may be committed to a mental institution, and where such person is deaf or severely hearing-impaired, all of the court proceedings pertaining to him shall be interpreted by a qualified interpreter appointed by the court. The qualification of an interpreter as an expert witness is governed by the Louisiana Code of Evidence.
B.(1) In any case where an interpreter is required to be appointed by the court under this Section, the court shall not commence proceedings until the appointed interpreter is in court.
(2) The interpreter appointed in accordance with this Section shall take an oath or affirmation that he will make a true interpretation to the deaf or severely hearing-impaired person accused or being examined of all the proceedings of his case in a language that he understands, and that he will repeat said deaf or severely hearing-impaired person's answer to questions to counsel, court or jury, to the best of his skill and judgment.
(3) Interpreters appointed in accordance with this Section shall receive for their services an amount to be fixed by the judge presiding. When travel of the interpreter is necessary, all of the actual expenses of travel, lodging, and meals incurred by the interpreter in connection with the case in which he is appointed to serve shall be paid at the same rate applicable to state employees.
Added by Acts 1968, No. 320, §1. Acts 1988, No. 515, §5, eff. Jan. 1, 1989; Acts 1989, No. 109, §2.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:271. Plea of not guilty; burden of proof

RS 15:271 - 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, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:272. Order for substitution of certified copy of missing document

RS 15:272 - 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 abstracted document shall be substituted for the original and that the trial and all further proceedings in the cause be had as on the original.
Acts 1966, No. 311, §2, eff. Jan. 1, 1967.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:273. Right of accused to be confronted with witnesses

RS 15:273 - 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, 1967.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:276. Self-incrimination of witness

RS 15:276 - 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.
Acts 1966, No. 311, §2, eff. Jan. 1, 1967.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:283. Protected person; testimony taken outside courtroom

RS 15:283 - 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 courtroom and be simultaneously televised by closed circuit television to the court and jury, when the court makes a specific finding of necessity based upon both of the following:
(1) Expert testimony that the protected person would be likely to suffer serious emotional distress if forced to give testimony in open court.
(2) Expert testimony that, without such simultaneous televised testimony, the protected person cannot reasonably communicate his testimony to the court or jury.
B. The court shall ensure that the protected person cannot see or hear the accused unless such viewing or hearing is requested for purposes of identification. However, the court shall ensure that the accused is afforded the ability to consult with his attorney during the testimony of the protected person.
C. The only persons who may be present in the room with the protected person are the person or persons operating the audio-video equipment, the presiding judge, the attorneys for the state, the attorneys for the defendant, and any person, other than a relative of the protected person, whose presence is determined by the court to be necessary to the welfare and well-being of the protected person during his testimony. The persons operating the equipment shall be confined to an adjacent room or behind a screen or mirror that permits them to see and hear the protected person during his testimony but does not permit the protected person to see or hear them.
D. Only the attorneys, or the presiding judge as authorized by law, may question the protected person.
E. For the purposes of this Section, "protected person" means a person who is the victim of a crime or a witness in a criminal prosecution who is either of the following:
(1) Under the age of seventeen years.
(2) Has a developmental disability as defined in R.S. 28:451.2(12).
Acts 1984, No. 563, §1; Acts 1991, No. 500, §1; Acts 2004, No. 241, §1; Acts 2006, No. 764, §2; Acts 2007, No. 70, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:284. Facility dogs; use in court; procedure

RS 15:284 - 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 may allow any witness who does not meet the criteria provided for in Subsection A of this Section to have a facility dog, if available, accompany them while testifying in court.
C. A party seeking the use of a facility dog must file a notice with the court that includes the certification of the dog, the name of the person or entity who certified the dog, and evidence that the dog is insured.
D. To ensure that the presence of a facility dog does not influence the jury or is not a reflection on the truthfulness of any testimony that is offered by the victim or witness, the court shall instruct the jury on the role of the facility dog and that the facility dog is a trained animal.
E. For the purposes of this Section, "facility dog" means a dog that is certified and a graduate of an assistance dog organization that is accredited by Assistance Dogs International or a similar internationally recognized organization whose main purpose is to grant accreditation to assistance dog organizations based on standards of excellence in all areas of assistance dog acquisition, training, and placement. A "facility dog" is one that is specially trained to provide emotional support to witnesses testifying in judicial proceedings without causing a distraction during the proceedings.
F. This Section may be referred to and may be cited as "Duvall's Law".
Acts 2018, No. 503, §1; Acts 2020, No. 16, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:291. Right of accused to have testimony taken down; provision for paying

RS 15:291 - 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 accused, the accused shall have the right, if he chooses, to have all of the testimony so taken made a part of the transcript; provided, that any accused desiring to send up the testimony of all of the witnesses so taken, shall pay for the same, and provided further, that the said testimony shall be considered only in explanation of the bills of exception reserved during the trial on behalf of the accused.