reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5831. Constable may have solvency and qualification of sureties passed on by court

RS 13:5831 - Constable may have solvency and qualification of sureties passed on by court
When either constable is required to accept a bond, he may, before accepting the surety, have the surety's solvency and qualifications passed upon by the court, contradictorily with the parties in interest, either in open court or at chambers, and after three days notice.
Added by Acts 1978, No. 461, §1, eff. Jan. 1, 1979; Redesignated from R.S. 33:1741 pursuant to Acts 2011, No. 248, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5832. Judicial release of constable from liability

RS 13:5832 - Judicial release of constable from liability
If the court finds that the surety is solvent and possessed of the qualifications prescribed by law, the bond shall be made in favor of the parties to the case, and the constable shall be relieved of all responsibility.
Added by Acts 1978, No. 461, §1, eff. Jan. 1, 1979; Redesignated from R.S. 33:1742 pursuant to Acts 2011, No. 248, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5833. Acceptance of bond without referring matter to court

RS 13:5833 - Acceptance of bond without referring matter to court
Either constable may accept the surety without referring the matter to the court, in which case the laws in reference to the assignment of the bond, its return into court, and proceedings to impose liability on the constable shall apply.
Added by Acts 1978, No. 461, §1, eff. Jan. 1, 1979; Redesignated from R.S. 33:1743 pursuant to Acts 2011, No. 248, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5834. Failure of constable to turn over property

RS 13:5834 - Failure of constable to turn over property
Each constable shall pay over or deliver to the parties entitled to the same, all money, bonds or obligations, which he holds in his official capacity, on the first demand; and in case of neglect or refusal to comply, the party aggrieved may proceed, by motion, against the constable and his sureties, of which reasonable notice shall be given; and if it appears that the constable has neglected or refused to pay over any funds or deliver any obligation in his possession to the party entitled to the same, without any legal cause, the judge shall render judgment in solido against the constable and his sureties.
Added by Acts 1978, No. 461, §1, eff. Jan. 1, 1979; Redesignated from R.S. 33:1744 pursuant to Acts 2011, No. 248, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5901. Law enforcement district; creation and boundaries

RS 13:5901 - Law enforcement district; creation and boundaries
There is hereby created, in each parish except Orleans, a special district to be known as a law enforcement district for the purpose of providing financing to the office of sheriff for that parish. In the parish of Orleans such a special district is hereby created for the purpose of providing financing to the office of criminal sheriff. The provisions of R.S. 13:5902, 5903(D), 5908, 5909, and 5911 shall apply to the district created in the parish of Orleans. No other provisions of this Chapter shall be applicable thereto. The boundaries of each district shall be coterminous with the boundaries of the parish and the duly elected sheriff of the parish or in the parish of Orleans, the criminal sheriff or his successor shall be ex officio the chief executive officer of the district.
Acts 1989, 2nd Ex. Sess., No. 20, §1, eff. July 28, 1989; Redesignated from R.S. 33:9001 pursuant to Acts 2011, No. 248, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5902. Power to tax

RS 13:5902 - Power to tax
The special districts herein created shall have the power to tax but only as provided in R.S. 13:5901 through 5909.
Added by Acts 1976, No. 689, §1; Redesignated from R.S. 33:9002 pursuant to Acts 2011, No. 248, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5904. Additional powers

RS 13:5904 - Additional powers
A. In addition to the powers otherwise granted by this Chapter, law enforcement districts shall have the authority:
(1) To execute such contracts and other instruments and take such other action as may be necessary to fulfill the purposes of this Chapter.
(2) To enter into management agreements whereby the law enforcement district would manage a law enforcement facility in the respective parish, including but not limited to publicly or privately owned detention facilities in the parish. A management agreement entered into by a law enforcement district shall not constitute a debt or obligation of the general credit or revenues of the law enforcement district and any payments due by the law enforcement district to the owners of the facility managed thereunder shall be payable only out of the revenues derived from the operation of the facility so managed.
B. Any contract, agreement, lease, sublease, obligation, management agreement, or other instrument entered into by the law enforcement district shall be legal, valid, and binding upon the district, including any subsequent ex officio chief executive officer of the law enforcement district, notwithstanding that the term of such contract, agreement, lease, sublease, obligation, management agreement, or other instrument extends beyond the expiration of the term of the current ex officio chief executive officer of the law enforcement district.
Acts 1990, No. 798, §1, eff. July 24, 1990; Redesignated from R.S. 33:9004 pursuant to Acts 2011, No. 248, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5905. Mandatory rollback of ad valorem taxes by tax recipient bodies of the parish

RS 13:5905 - Mandatory rollback of ad valorem taxes by tax recipient bodies of the parish
A. The total amount of ad valorem taxes received by other taxing authorities in the parish shall not be increased because of the provisions of Sections 9001 through 9008. To accomplish this result, it shall be mandatory for each affected taxing authority in the year in which the special district provided for herein is created to adjust millages so that taxes are not increased as a result of the creation of the special district provided for herein. Thereafter such millages shall remain in effect unless changed or increased in a manner provided by law. In the event a taxing authority increases the taxes authorized under this Section without a public referendum, such taxing authority shall have deducted from its share of state revenue sharing funds an amount equal to such taxes increased without a public referendum plus a penalty of fifteen percent of such amount. Provided however, that nothing herein shall prohibit a taxing authority from collecting, in the year in which the special district is created or in any subsequent year a larger dollar amount of ad valorem taxes by:
(1) Levying additional or increased millages as provided by law.
(2) Putting additional property on the tax rolls.
(3) Increases in the fair market or use value of the property.
B. This Section shall not apply to millages required to be levied for the payment of general obligation bonds.
Added by Acts 1976, No. 689, §1; Redesignated from R.S. 33:9005 pursuant to Acts 2011, No. 248, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5906. Louisiana Tax Commission; enforcement of rollback of ad valorem taxes; submission of resolutions by assessors of taxing authority

RS 13:5906 - Louisiana Tax Commission; enforcement of rollback of ad valorem taxes; submission of resolutions by assessors of taxing authority
The Louisiana Tax Commission shall have the authority to and responsibility for enforcing the mandatory adjustment of millages by each taxing authority as provided under the provisions of R.S. 13:5905. Each parish tax assessor shall submit a copy of the resolution of each taxing authority levying taxes hereunder for approval by the Louisiana Tax Commission no later than the first day of August in 1977.
Added by Acts 1977, No. 605, §1, eff. July 19, 1977; Redesignated from R.S. 33:9005.1 pursuant to Acts 2011, No. 248, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5907. Rollback of millage by multi-parish districts

RS 13:5907 - Rollback of millage by multi-parish districts
Each taxing district whose jurisdiction encompasses more than one parish shall adjust their millage so that the adjusted millage is uniform throughout the district.
Added by Acts 1977, No. 605, §1, eff. July 19, 1977; Redesignated from R.S. 33:9005.2 pursuant to Acts 2011, No. 248, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5908. Disbursements from special district funds

RS 13:5908 - Disbursements from special district funds
All funds collected by the special district shall be paid into the sheriff's general fund, which shall be disbursed by the sheriff in accordance with law. Expenditures from the sheriff's general fund shall be subject to the public bid laws of the state of Louisiana.
Added by Acts 1976, No. 689, §1. Amended by Acts 1977, No. 591, §1; Redesignated from R.S. 33:9007 pursuant to Acts 2011, No. 248, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5909. Powers of sheriff not diminished

RS 13:5909 - Powers of sheriff not diminished
It is the purpose of this Chapter to create special district for the financing of the sheriff's office. Nothing contained herein shall be interpreted as diminishing any of the authority of the sheriff as delegated to him in the constitution and laws of this state.
Added by Acts 1976, No. 689, §1; Redesignated from R.S. 33:9008 pursuant to Acts 2011, No. 248, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5910. Multiple parish taxing districts

RS 13:5910 - Multiple parish taxing districts
In the event the provisions of Act 689 of the Regular Session of the Legislature for 19761 are held not applicable to multiple parish taxing districts and revenue from such districts is excluded from the revenue produced by the sheriff's commission on ad valorem taxes for the fiscal year 1976-1977 and from the certification made by the legislative auditor, as provided by R.S. 13:5903, the sheriff and tax collector of each parish in a multiple parish taxing district shall deduct a fifteen percent commission on all ad valorem taxes collected in each parish for and on behalf of the multiple parish taxing district.
Added by Acts 1978, No. 338, §1 ; Redesignated from R.S. 33:9009 pursuant to Acts 2011, No. 248, §3.
1Acts 1976, No. 689 enacted R.S. 33:9001 to 33:9008, amended and reenacted R.S. 33:1421 and subsecs. A, B, and D of R.S. 33:1423, and repealed subsec. E of R.S. 33:1423.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5912. Rapides Parish Law Enforcement District; construction and financing of certain facilities

RS 13:5912 - Rapides Parish Law Enforcement District; construction and financing of certain facilities
The Rapides Parish Law Enforcement District, a political subdivision as defined in Article VI, Section 44 of the Constitution of Louisiana, is hereby additionally authorized to construct law enforcement and sheriff's facilities, including but not limited to a jail or prison, located wholly within the territorial jurisdiction of the district. Said district is further authorized to incur debt and issue general obligation bonds for the purpose of financing such construction subject to approval of the State Bond Commission and approval of a majority of the electors of the district voting in an election called and held for that purpose. Such bonds shall be issued pursuant to the provisions of Part III of Chapter 4 of Title 39 of the Louisiana Revised Statutes of 1950 and shall be sold pursuant to the provisions of Chapter 13 of said Title 39.
Acts 1989, No. 270, §1; Redesignated from R.S. 33:9011 pursuant to Acts 2011, No. 248, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5931. Criminal justice commission; creation and boundaries

RS 13:5931 - Criminal justice commission; creation and boundaries
There is hereby created the Twenty-Seventh Judicial District Criminal Justice Commission, hereafter "commission", for the purpose of providing financing to the offices of the district judges, the district attorney, and the clerk of court for that parish to defray in whole or in part the expenses of such offices pertaining to the criminal justice system. The boundaries of the commission shall include all of St. Landry Parish and the Twenty-Seventh Judicial District, and the commission shall be domiciled in St. Landry Parish.
Acts 1995, No. 511, §1, eff. June 18, 1995; Redesignated from R.S. 33:9012 pursuant to Acts 2011, No. 248, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5932. Board of commissioners; membership

RS 13:5932 - Board of commissioners; membership
A. The commission shall be governed by a board of five members. The district judges, the district attorney, and the clerk of court shall each appoint one member.
B. The chambers of commerce for the cities of Opelousas and Eunice shall each appoint one member. If these bodies refuse or fail to make a timely appointment, the district judges, having one combined vote, the district attorney, and the clerk of court may by a majority vote designate another non-profit organization to fill the positions as herein provided.
C. The board members shall be appointed for a term of six years to coincide with the terms of office for the district judges and the district attorney.
Acts 1995, No. 511, §1, eff. June 18, 1995; Redesignated from R.S. 33:9013 pursuant to Acts 2011, No. 248, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5933. Power to tax; method

RS 13:5933 - Power to tax; method
A. The commission, through the board, shall have the power to impose and levy an ad valorem tax on the assessed value of all property appearing on the tax rolls of the parish when approved by a majority of the electors of the parish voting thereon in an election held for that purpose.
B. The election provided for in Subsection A of this Section, shall be called by the commission and shall be held only with another parish-wide election.
C. Any costs of the election shall be financed by the commission, to be paid with funds generated from the tax imposed. However, the district judges, through the judicial expense fund, the district attorney, through any funds available to him including those funds provided pursuant to the Criminal Court Fund provided for in R.S. 15:571.11, and the clerk of court through his general fund may defray all or part of the costs of the election.
D. In addition to the taxes authorized by this Section, the commission, through the board, may levy and collect any other taxes authorized by the Constitution of Louisiana for political subdivisions, including tax upon the sale at retail, the use, lease, or rental, the consumption, and the storage for use or consumption of tangible personal property, and on sales of services as defined by law. This tax shall be levied and collected only after the question of its imposition has been submitted to and approved by a majority of the qualified voters of the district voting at a regularly scheduled election to be conducted in accordance with the Louisiana Election Code. This election shall be called by the commission and shall be held only with another parish wide election. Expenses of this election shall be financed in the same manner as provided for in Subsection C of this Section.
Acts 1995, No. 511, §1, eff. June 18, 1995; Redesignated from R.S. 33:9014 pursuant to Acts 2011, No. 248, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5934. Powers of the district

RS 13:5934 - Powers of the district
The commission, through the board, shall have the following powers:
(1) To reduce millages for any year in which the commission determines that the millage in effect for that year will produce more revenue than the commission determines is needed for that year.
(2) To borrow monies for the district under the terms and conditions established by the commission.
(3) To manage the taxes collected.
(4) To disburse the taxes collected to the district judges, the district attorney, and the clerk of court to defray the costs in whole or in part, relative to the criminal justice system in the Twenty-Seventh Judicial District as it relates to those offices.
(5) To expend funds from the taxes collected for capital expenditures.
(6) To disburse funds to the individual offices based on real budgets submitted to it by those offices, or to disburse to the offices collectively, pursuant to an intergovernmental cooperative endeavor agreement adopted pursuant to Article VI, Section 20 of the Constitution of Louisiana. Disbursements pursuant to such an agreement shall also be made only upon the presentation of a reasonable cooperative budget.
(7) To make rules and regulations for its operations and the conduct of its duties and to take any action the board determines is necessary for the proper implementation of the provisions of this Chapter.
Acts 1995, No. 511, §1, eff. June 18, 1995; Redesignated from R.S. 33:9015 pursuant to Acts 2011, No. 248, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5935. Powers of officials not diminished

RS 13:5935 - Powers of officials not diminished
It is the purpose of this Chapter to create a special commission for the financing of the criminal justice system in the Twenty-Seventh Judicial District as it relates to the district judges, the district attorney, and the clerk of court. Nothing contained herein shall be interpreted as diminishing any of the authority of the district judges, the district attorney, or clerk of court as delegated to them by the constitution and laws of this state.
Acts 1995, No. 511, §1, eff. June 18, 1995; Redesignated from R.S. 33:9016 pursuant to Acts 2011, No. 248, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5971. Applicability

RS 13:5971 - Applicability
The judicial administrative districts authorized by this Chapter shall provide an optional and additional method of funding the office of the clerk for the Criminal District Court for the parish of Orleans, the office of the clerk of court for the Civil District Court for the parish of Orleans, and the office of the clerk of district court for each of the other parishes.
Acts 2006, No. 674, §1, eff. June 29, 2006; Redesignated from R.S. 33:9601 pursuant to Acts 2011, No. 248, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5973. Disbursements from district funds

RS 13:5973 - Disbursements from district funds
All funds collected by a district from indebtedness shall be paid into a special fund to be established by the clerk of court and applied in accordance with law. Expenditures from the fund shall be subject to the public bid laws of the state of Louisiana.
Acts 2006, No. 674, §1, eff. June 29, 2006; Redesignated from R.S. 33:9603 pursuant to Acts 2011, No. 248, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5974. Additional powers

RS 13:5974 - Additional powers
A. In addition to the powers otherwise granted by this Chapter, districts shall have the authority to execute such contracts and other instruments and take other action as may be necessary to fulfill the purposes of this Chapter or to carry out the functions of the office of the clerk of court.
B. Any contract, agreement, lease, sublease, obligation, or other instrument entered into by the district shall be legal, valid, and binding upon the district, including any subsequent ex officio chief executive officer of the district, notwithstanding that the term of such contract, agreement, lease, sublease, obligation, or other instrument extends beyond the expiration of the term of the then current ex officio chief executive officer of the district.
Acts 2006, No. 674, §1, eff. June 29, 2006; Redesignated from R.S. 33:9604 pursuant to Acts 2011, No. 248, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5975. Powers of clerk of court not diminished

RS 13:5975 - Powers of clerk of court not diminished
It is the purpose of this Chapter to create special districts to provide an additional method for financing the clerks of courts' offices. Nothing in this Chapter shall be interpreted as diminishing any other authority of the clerks of court as delegated to them in the constitution and laws of this state.
Acts 2006, No. 674, §1, eff. June 29, 2006; Redesignated from R.S. 33:9605 pursuant to Acts 2011, No. 248, §3.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5981. Findings; purpose

RS 13:5981 - Findings; purpose
The legislature finds and declares that there is a need for a justice and rehabilitation reform body to study and report on all of the following:
(1) The current public safety crisis in Orleans Parish.
(2) The powers, functions, policies, and training of government and nongovernment entities, including their fiscal powers.
(3) The existing, necessary, and desirable allocation of state and local fiscal resources.
(4) The most efficient use of the correctional system and community resources in Orleans Parish.
(5) Alternatives to incarceration.
(6) Physical structures utilized in the Orleans Parish justice system.
(7) Any constitutional amendments and statutory enactments required to implement appropriate commission recommendations.
Acts 2013, No. 268, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5982. Creation; composition; officers; term of office

RS 13:5982 - Creation; composition; officers; term of office
A. The Orleans Justice and Rehabilitation Reform Commission is hereby created.
B.(1) The commission shall be composed of seven voting members as follows:
(a) The chairman of the Senate Committee on Judiciary B or his designee.
(b) The chairman of the House Committee on Judiciary or his designee.
(c) The president of the Senate or his designee.
(d) The speaker of the House of Representatives or his designee.
(e) The mayor of the city of New Orleans or his designee.
(f) The chairman of the Criminal Justice Committee of the New Orleans City Council or his designee.
(g) The chairman of the commission created in response to House Concurrent Resolution No. 143 of the 2011 Regular Session of the Louisiana Legislature or his designee.
(2) The commission shall also be composed of eight nonvoting members as follows:
(a) The district attorney of the parish of Orleans or his designee.
(b) The chief judge of the Criminal District Court for the parish of Orleans or his designee.
(c) The chief judge of the Juvenile Court for the parish of Orleans or his designee.
(d) The chief judge of the Traffic Court of New Orleans or his designee.
(e) The chief judge of the Municipal Court for the city of New Orleans or his designee.
(f) The clerk of the Criminal District Court for the parish of Orleans or his designee.
(g) The chief district defender of the Orleans Public Defenders Office or his designee.
(h) The sheriff for the parish of Orleans or his designee.
C. The chairman of the commission shall be the commissioner named in Subparagraph (B)(1)(a) of this Section and vice chairman of the commission shall be the commissioner named in Subparagraph (B)(1)(b) of this Section and shall serve for the duration of the commission.
D. Each member shall serve on the commission for the duration of the commission.
E. Four voting members of the commission shall constitute a quorum.
Acts 2013, No. 268, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5983. Meetings; hearings; committees; report; sunset

RS 13:5983 - Meetings; hearings; committees; report; sunset
A. The commission shall meet every other month, with two such meetings to be held in the city of New Orleans annually.
B. To the extent permitted by and in accordance with R.S. 44:1 et seq., each officer, board, commission, council, department, or agency of state government, and each political subdivision of the state shall make available all facts, records, information, and data requested by the commission and in all ways cooperate with the commission in carrying out the functions and duties imposed by this Chapter.
C. The commission may establish committees as it deems advisable and feasible, whose membership shall include at least one member of the commission, but only the commission itself may take official action.
D. The commission shall issue a report of its findings and recommendations to the president of the Senate, the speaker of the House of Representatives, and the chairmen of the House Committee on Judiciary and Senate Committee on Judiciary B no later than March 1, 2016.
E. The commission may adopt rules of procedure for its operation.
F. The commission shall terminate operations on March 31, 2016.
Acts 2013, No. 268, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5984. Staff

RS 13:5984 - Staff
The commission may utilize existing staff of the legislature, including but not limited to personnel of the legislative fiscal office. The commission shall submit a written request for approval for specific support and assistance to the presiding officer of the respective house from which the support and assistance is sought. Support or assistance from the staff of the legislative fiscal office shall be submitted to the presiding officers of both houses.
Acts 2013, No. 268, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5985. Finances

RS 13:5985 - Finances
A.(1) No member of the commission shall receive any salary for duties performed as a member of the commission.
(2) Legislator members of the commission shall receive per diem and be reimbursed for expenses as provided by law and the rules of the Senate or House of Representatives.
B. The commission is authorized to apply for, contract for, receive, and expend for its purposes any appropriation or grant from the state, its political subdivisions, the federal government, or any other public or private source to implement the provisions of this Chapter.
Acts 2013, No. 268, §1.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5991. Legislative findings; intent

RS 13:5991 - Legislative findings; intent
A. The legislature recognizes that the optimal functioning of the Louisiana criminal justice system is vital to the safety, prosperity, and well-being of Louisiana and its citizens. The legislature also recognizes that a fundamental requirement for the proper functioning of the Louisiana criminal justice system is the ability to view, review, and analyze the various documents, records, and databases evidencing the actions, decisions, and events occurring within the criminal justice system. Louisiana citizens, victims, and defendants should be able to readily find, access, and review these documents, records, and databases for relevant, timely information on matters pertinent to them and their communities. In addition, members of the legislature and other relevant stakeholders must have the ability to access and review the current and past actions, decisions, and events occurring within the criminal justice system in order to make educated, informed decisions regarding the current operation of the system and any necessary improvements or reforms.
B. It is therefore the intent of the legislature to provide for a program designed to promote transparency within the Louisiana criminal justice system by providing readily available and consistent access to minute entries evidencing the actions, decisions, and events occurring within the criminal justice system.
Acts 2024, 2nd Ex. Sess., No. 15, §1, eff. March 6, 2024.
2023 Louisiana Laws › Revised Statutes › Title 13 - Courts and Judicial Procedure › §13:5993. Truth and Transparency in the Louisiana Criminal Justice System Program; effective date; implementation

RS 13:5993 - Truth and Transparency in the Louisiana Criminal Justice System Program; effective date; implementation
A. Except as provided in Subsection B of this Section, all duties and obligations set forth in this Chapter shall become effective on April 19, 2024.
B. On or before August 1, 2024, the Louisiana Clerks' Remote Access Authority, or its duly authorized representative, shall submit a written report to the speaker of the House of Representatives, the president of the Senate, and the governor, which sets forth all of the following:
(1) Specific information detailing the progress made by it and the clerks of court towards compliance with the duties and obligations set forth in this Chapter.
(2) Specific information detailing any anticipated work to be completed to meet the duties and obligations set forth in this Chapter.
(3) Specific information detailing any anticipated dates that all remaining clerks of court are expected to be able to meet pursuant to the duties and obligations set forth in this Chapter.
C. Such written report shall be required to be submitted by the Louisiana Clerks' Remote Access Authority, or its duly authorized representative, at least every one hundred twenty days thereafter until such time as all clerks of court achieve compliance with the duties and obligations of this Chapter.
Acts 2024, 2nd Ex. Sess., No. 15, §1, eff. March 6, 2024.
2023 Louisiana Laws › Revised Statutes › Title 14 - Criminal Law › §14:1. Method of citation

RS 14:1 - Method of citation
This Chapter shall be known as the Louisiana Criminal Code. The provisions hereunder may be referred to or cited either as Articles of the Criminal Code or as Sections of the Revised Statutes. Thus Article 30 of Louisiana Criminal Code may also be referred to or cited as R.S. 14:30.
Whenever reference is made herein to an Article of the Criminal Code, the same shall also relate to the corresponding Section of the Revised Statutes.
2023 Louisiana Laws › Revised Statutes › Title 14 - Criminal Law › §14:3. Interpretation

RS 14:3 - Interpretation
The articles of this Code cannot be extended by analogy so as to create crimes not provided for herein; however, in order to promote justice and to effect the objects of the law, all of its provisions shall be given a genuine construction, according to the fair import of their words, taken in their usual sense, in connection with the context, and with reference to the purpose of the provision.
2023 Louisiana Laws › Revised Statutes › Title 14 - Criminal Law › §14:4. Conduct made criminal under several articles; how prosecuted

RS 14:4 - Conduct made criminal under several articles; how prosecuted
Prosecution may proceed under either provision, in the discretion of the district attorney, whenever an offender's conduct is:
(1) Criminal according to a general article of this Code or Section of this Chapter of the Revised Statutes and also according to a special article of this Code or Section of this Chapter of the Revised Statutes; or
(2) Criminal according to an article of the Code or Section of this Chapter of the Revised Statutes and also according to some other provision of the Revised Statutes, some special statute, or some constitutional provision.
2023 Louisiana Laws › Revised Statutes › Title 14 - Criminal Law › §14:5. Lesser and included offenses

RS 14:5 - Lesser and included offenses
An offender who commits an offense which includes all the elements of other lesser offenses, may be prosecuted for and convicted of either the greater offense or one of the lesser and included offenses. In such case, where the offender is prosecuted for the greater offense, he may be convicted of any one of the lesser and included offenses.
2023 Louisiana Laws › Revised Statutes › Title 14 - Criminal Law › §14:42.1. Second degree rape

RS 14:42.1 - Second degree rape
A. Second degree rape is rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of the victim because it is committed under any one or more of the following circumstances:
(1) When the victim is prevented from resisting the act by force or threats of physical violence under circumstances where the victim reasonably believes that such resistance would not prevent the rape.
(2) When the victim is incapable of resisting or of understanding the nature of the act by reason of stupor or abnormal condition of the mind produced by a narcotic or anesthetic agent or other controlled dangerous substance administered by the offender and without the knowledge of the victim.
B. Whoever commits the crime of second degree rape shall be imprisoned at hard labor, without benefit of probation, parole, or suspension of sentence, for not less than five nor more than forty years.
C. For all purposes, "forcible rape" and "second degree rape" mean the offense defined by the provisions of this Section and any reference to the crime of forcible rape is the same as a reference to the crime of second degree rape. Any act in violation of the provisions of this Section committed on or after August 1, 2015, shall be referred to as "second degree rape".
Acts 1978, No. 239, §1. Acts 1984, No. 569, §1; Acts 1997, No. 862, §1; Acts 2001, No. 301, §1; Acts 2015, No. 184, §1; Acts 2015, No. 256, §1; Acts 2020, No. 32, §1.
2023 Louisiana Laws › Revised Statutes › Title 14 - Criminal Law › §14:43. Third degree rape

RS 14:43 - Third degree rape
A. Third degree rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of a victim because it is committed under any one or more of the following circumstances:
(1) When the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim's incapacity.
(2) When the victim, through unsoundness of mind, is temporarily or permanently incapable of understanding the nature of the act and the offender knew or should have known of the victim's incapacity.
(3) When the victim submits under the belief that the person committing the act is someone known to the victim, other than the offender, and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender.
(4) When the offender acts without the consent of the victim.
B. Whoever commits the crime of third degree rape shall be imprisoned at hard labor, without benefit of parole, probation, or suspension of sentence, for not more than twenty-five years.
C. For all purposes, "simple rape" and "third degree rape" mean the offense defined by the provisions of this Section and any reference to the crime of simple rape is the same as a reference to the crime of third degree rape. Any act in violation of the provisions of this Section committed on or after August 1, 2015, shall be referred to as "third degree rape".
Acts 1978, No. 239, §1; Acts 1990, No. 722, §1; Acts 1995, No. 946, §2; Acts 1997, No. 862, §1; Acts 2001, No. 131, §1; Acts 2001, No. 301, §1; Acts 2003, No. 232, §1; Acts 2003, No. 759, §1; Acts 2010, No. 359, §1; Acts 2015, No. 184, §1; Acts 2015, No. 256, §1.
2023 Louisiana Laws › Revised Statutes › Title 14 - Criminal Law › §14:43.1.1. Misdemeanor sexual battery

RS 14:43.1.1 - Misdemeanor sexual battery
A. Misdemeanor sexual battery is the intentional touching of the breasts or buttocks of the victim by the offender using any instrumentality or any part of the body of the offender, directly or through clothing, or the intentional touching of the breasts or buttocks of the offender by the victim using any instrumentality or any part of the body of the victim, directly or through clothing, when the offender acts without the consent of the victim.
B. Whoever commits the crime of misdemeanor sexual battery shall be fined not more than one thousand dollars, or imprisoned for not more than six months, or both.
C. The offender shall not be eligible to have his conviction set aside and his prosecution dismissed in accordance with Code of Criminal Procedure Article 894.
D. The offender shall not be subject to any provisions of law that are applicable to sex offenders, including but not limited to any provision that requires the registration of the offender and notice to the public.
Acts 2015, No. 256, §1.
2023 Louisiana Laws › Revised Statutes › Title 14 - Criminal Law › §14:43.4. Female genital mutilation

RS 14:43.4 - Female genital mutilation
A. A person is guilty of female genital mutilation when any of the following occur:
(1) The person knowingly circumcises, excises, or infibulates the whole or any part of the labia majora, labia minora, or clitoris of a female minor.
(2) The parent, guardian, or other person legally responsible or charged with the care or custody of a female minor allows the circumcision, excision, or infibulation, in whole or in part, of such minor's labia majora, labia minora, or clitoris.
(3) The person knowingly removes or causes or permits the removal of a female minor from this state for the purpose of circumcising, excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of such female.
B. It shall not be a defense to prosecution for a violation of this Section that the conduct described in Subsection A of this Section is required as a matter of custom, ritual, or religious practice, or that the minor on whom it is performed, or the minor's parent or legal guardian, consented to the procedure.
C. If the action described in Subsection A of this Section is performed by a licensed physician during a surgical procedure, it shall not be a violation of this Section if either of the following is true:
(1) The procedure is necessary to the physical health of the minor on whom it is performed.
(2) The procedure is performed on a minor who is in labor or who has just given birth and is performed for medical purposes connected with that labor or birth.
D. Whoever commits the crime of female genital mutilation shall be punished by imprisonment, with or without hard labor, for not more than fifteen years.
Acts 2012, No. 207, §1.
2023 Louisiana Laws › Revised Statutes › Title 14 - Criminal Law › §14:43.5. Intentional exposure to HIV

RS 14:43.5 - Intentional exposure to HIV
A. No person shall intentionally expose another to the human immunodeficiency virus (HIV) through sexual contact without the knowing and lawful consent of the victim, if at the time of the exposure the infected person knew he was HIV positive.
B. No person shall intentionally expose another to HIV through any means or contact without the knowing and lawful consent of the victim, if at the time of the exposure the infected person knew he was HIV positive.
C. No person shall intentionally expose a first responder to HIV through any means or contact without the knowing and lawful consent of the first responder when the offender knows at the time of the offense that he is HIV positive, and has reasonable grounds to believe the victim is a first responder acting in the performance of his duty.
D. For purposes of this Section, "first responder" includes a commissioned police officer, sheriff, deputy sheriff, marshal, deputy marshal, correctional officer, constable, wildlife enforcement agent, and probation and parole officer, any licensed emergency medical services practitioner as defined by R.S. 40:1131, and any firefighter regularly employed by a fire department of any municipality, parish, or fire protection district of the state or any volunteer firefighter of the state.
E.(1) Whoever commits the crime of intentional exposure to HIV shall be fined not more than five thousand dollars, imprisoned with or without hard labor for not more than ten years, or both.
(2) Whoever commits the crime of intentional exposure to HIV against a first responder shall be fined not more than six thousand dollars, imprisoned with or without hard labor for not more than eleven years, or both.
F.(1) It is an affirmative defense, if proven by a preponderance of the evidence, that the person exposed to HIV knew the infected person was infected with HIV, knew the action could result in infection with HIV, and gave consent to the action with that knowledge.
(2) It is also an affirmative defense that the transfer of bodily fluid, tissue, or organs occurred after advice from a licensed physician that the accused was noninfectious, and the accused disclosed his HIV-positive status to the victim.
(3) It is also an affirmative defense that the HIV-positive person disclosed his HIV-positive status to the victim, and took practical means to prevent transmission as advised by a physician or other healthcare provider or is a healthcare provider who was following professionally accepted infection control procedures.
Acts 1987, No. 663, §1; Acts 1993, No. 411, §1; Acts 2018, No. 427, §1.
2023 Louisiana Laws › Revised Statutes › Title 14 - Criminal Law › §14:100.13. Operating a vehicle without lawful presence in the United States

RS 14:100.13 - Operating a vehicle without lawful presence in the United States
A. No alien student or nonresident alien shall operate a motor vehicle in the state without documentation demonstrating that the person is lawfully present in the United States.
B. Upon arrest of a person for operating a vehicle without lawful presence in the United States, law enforcement officials shall seize the driver's license and immediately surrender such license to the office of motor vehicles for cancellation and shall immediately notify the INS of the name and location of the person.
C. Whoever commits the crime of driving without lawful presence in the United States shall be fined not more than one thousand dollars, imprisoned for not more than one year, with or without hard labor, or both.
Acts 2002, 1st Ex. Sess., No. 46, §1.
2023 Louisiana Laws › Revised Statutes › Title 14 - Criminal Law › §14:100.14. Giving false information regarding lawful presence in the United States in order to obtain a driver's license

RS 14:100.14 - Giving false information regarding lawful presence in the United States in order to obtain a driver's license
A. No alien student or nonresident alien shall falsify any information required in R.S. 32:409.1 for the purpose of obtaining a driver's license or a special identification card from the office of motor vehicles.
B. Upon arrest for falsifying information pursuant to this Section, the arresting agency shall immediately notify the INS of the name and location of the person.
C. Whoever commits the crime of falsifying information required for the purpose of obtaining a driver's license shall be fined not more than five hundred dollars, imprisoned for not less than six months, or both.
Acts 2002, 1st Ex. Sess., No. 46, §1.
2023 Louisiana Laws › Revised Statutes › Title 14 - Criminal Law › §14:8. Criminal conduct

RS 14:8 - Criminal conduct
Criminal conduct consists of:
(1) An act or a failure to act that produces criminal consequences, and which is combined with criminal intent; or
(2) A mere act or failure to act that produces criminal consequences, where there is no requirement of criminal intent; or
(3) Criminal negligence that produces criminal consequences.
2023 Louisiana Laws › Revised Statutes › Title 14 - Criminal Law › §14:10. Criminal intent

RS 14:10 - Criminal intent
Criminal intent may be specific or general:
(1) Specific criminal intent is that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act.
(2) General criminal intent is present whenever there is specific intent, and also when the circumstances indicate that the offender, in the ordinary course of human experience, must have adverted to the prescribed criminal consequences as reasonably certain to result from his act or failure to act.
2023 Louisiana Laws › Revised Statutes › Title 14 - Criminal Law › §14:11. Criminal intent; how expressed

RS 14:11 - Criminal intent; how expressed
The definitions of some crimes require a specific criminal intent, while in others no intent is required. Some crimes consist merely of criminal negligence that produces criminal consequences. However, in the absence of qualifying provisions, the terms "intent" and "intentional" have reference to "general criminal intent."
2023 Louisiana Laws › Revised Statutes › Title 14 - Criminal Law › §14:15. Intoxication

RS 14:15 - Intoxication
The fact of an intoxicated or drugged condition of the offender at the time of the commission of the crime is immaterial, except as follows:
(1) Where the production of the intoxicated or drugged condition has been involuntary, and the circumstances indicate this condition is the direct cause of the commission of the crime, the offender is exempt from criminal responsibility.
(2) Where the circumstances indicate that an intoxicated or drugged condition has precluded the presence of a specific criminal intent or of special knowledge required in a particular crime, this fact constitutes a defense to a prosecution for that crime.
2023 Louisiana Laws › Revised Statutes › Title 14 - Criminal Law › §14:17. Mistake of law

RS 14:17 - Mistake of law
Ignorance of the provision of this Code or of any criminal statute is not a defense to any criminal prosecution. However, mistake of law which results in the lack of an intention that consequences which are criminal shall follow, is a defense to a criminal prosecution under the following circumstances:
(1) Where the offender reasonably relied on the act of the legislature in repealing an existing criminal provision, or in otherwise purporting to make the offender's conduct lawful; or
(2) Where the offender reasonably relied on a final judgment of a competent court of last resort that a provision making the conduct in question criminal was unconstitutional.
2023 Louisiana Laws › Revised Statutes › Title 14 - Criminal Law › §14:18. Justification; general provisions

RS 14:18 - Justification; general provisions
The fact that an offender's conduct is justifiable, although otherwise criminal, shall constitute a defense to prosecution for any crime based on that conduct. This defense of justification can be claimed under the following circumstances:
(1) When the offender's conduct is an apparently authorized and reasonable fulfillment of any duties of public office; or
(2) When the offender's conduct is a reasonable accomplishment of an arrest which is lawful under the Code of Criminal Procedure; or
(3) When for any reason the offender's conduct is authorized by law; or
(4) When the offender's conduct is reasonable discipline of minors by their parents, tutors or teachers; or
(5) When the crime consists of a failure to perform an affirmative duty and the failure to perform is caused by physical impossibility; or
(6) When any crime, except murder, is committed through the compulsion of threats by another of death or great bodily harm, and the offender reasonably believes the person making the threats is present and would immediately carry out the threats if the crime were not committed; or
(7) When the offender's conduct is in defense of persons or of property under any of the circumstances described in Articles 19 through 22.