reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Code of Criminal Procedure › Art. 657. Discharge or release; hearing

Art. 657. Discharge or release; hearing
After considering the report or reports filed pursuant to Articles 655 and 656, the court may either continue the commitment or hold a contradictory hearing to determine whether the committed person no longer has a mental illness as defined by R.S. 28:2 and can be discharged, or can be released on probation, without danger to others or to himself as defined by R.S. 28:2. At the hearing the burden shall be upon the state to seek continuance of the confinement by proving by clear and convincing evidence that the committed person currently has a mental illness and is dangerous. After the hearing, and upon filing written findings of fact and conclusions of law, the court may order the committed person discharged, released on probation subject to specified conditions for a fixed or an indeterminate period, or recommitted to the state mental institution. A copy of the judgment and order containing the written findings of fact and conclusions of law shall be forwarded to the administrator of the forensic facility. Notice to the counsel for the committed person and the district attorney of the contradictory hearing shall be given at least thirty days prior to the hearing.
Acts 1992, No. 398, §1; Acts 1993, No. 700, §1; Acts 2017, No. 369, §5.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 657.1. Conditional release; criteria

Art. 657.1. Conditional release; criteria
A. At any time the court considers a recommendation from the hospital-based review panel that the person may be discharged or released on probation, it may place the insanity acquittee on conditional release if it finds the following:
(1) Based on the factors which the court shall consider pursuant to Article 657, he does not need inpatient hospitalization but needs outpatient treatment, supervision, and monitoring to prevent his condition from deteriorating to a degree that he would likely become dangerous to self and others.
(2) Appropriate outpatient treatment, supervision, and monitoring are reasonably available.
(3) There is significant reason to believe that the insanity acquittee, if conditionally released, would comply with the conditions specified.
(4) Conditional release will not present an undue risk of danger to others or self, as defined in R.S. 28:2.
B. The court shall subject a conditionally released insanity acquittee to such orders and conditions it deems will best meet the acquittee's need for treatment, supervision, and monitoring and will best serve the interests of justice and society.
C. These provisions for conditional release may also be applied to discharges of pretrial defendants found unrestorably incompetent to proceed pursuant to Article 648(B).
Acts 1995, No. 800, §1; Acts 2017, No. 369, §5.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 657.2. Conditional release; additional requirements

Art. 657.2. Conditional release; additional requirements
A. Upon an application for conditional release of a person, who has been committed to a state hospital or other treatment facility pursuant to this Chapter upon the grounds that the adverse effects of a mental illness are in remission, and if after a hearing the court determines that the applicant will not likely be a danger to others or himself, as defined in R.S. 28:2, if he is under supervision and his treatment is monitored in the community, the court shall not consider the applicant to be in stable remission from the adverse effects of a mental illness until the applicant is placed with an appropriate forensic conditional release program for at least one year but not more than five years.
B. For good cause shown, placement in a conditional release program may be extended after five years in one-year increments at a yearly contradictory hearing with the state.
C. All or a substantial portion of the program shall include outpatient treatment, supervision, and monitoring.
D. At the termination of conditional release, the person may continue to receive appropriate treatment services, if recommended by the treating psychiatrist, from public or private mental health agencies, with inactive supervision provided by the division of probation and parole of the Department of Public Safety and Corrections.
Acts 1995, No. 800, §1; Acts 2017, No. 369, §5.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 659. Costs of mental examinations prior to commitment

CHAPTER 3. COSTS
Art. 659. Costs of mental examinations prior to commitment
The fees and expenses of physicians, including coroners and other physicians in the employ of the state or its political subdivisions, appointed by a court to make a mental examination and report prior to commitment shall be fixed by the court in an amount not less than the fees set forth in R.S. 13:5706 and shall be paid by the parish where the prosecution was instituted. The fee paid to the coroner or other physician in the employ of the state shall be in addition to his salary. Use of the facilities of a state mental institution in making the mental examination shall be without cost to the parish.
Acts 2001, No. 467, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 660. Institutional costs after commitment

Art. 660. Institutional costs after commitment
The custody, care, and treatment of a defendant committed under the provisions of this Title, and mental examinations and reports subsequent thereto by physicians on the medical staff of the institution, shall be without cost to the parish from which the defendant was committed. When a physician on the medical staff of the institution is called to testify at a hearing or trial concerning a mental examination made by him, he shall be entitled to a reasonable expert witness fee to be fixed by the court, and to reimbursement for traveling expenses in conformity with law, with such fees and expenses to be paid by the parish where the prosecution was instituted.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 661. Progress reports; responsibility to furnish

CHAPTER 4. PROGRESS REPORTS
Art. 661. Progress reports; responsibility to furnish
The superintendent of each mental institution and the director of each mental health unit throughout the state shall furnish progress reports every six months on each patient committed under the provisions of this Title. Copies of such reports shall be furnished to the committing court, the judicial administrator, and the attorney general of the state.
Added by Acts 1975, No. 325, §3.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 671. Grounds for recusal of judge

TITLE XXII
RECUSAL OF JUDGES AND DISTRICT ATTORNEYS
CHAPTER 1. RECUSAL OF JUDGES
Art. 671. Grounds for recusal of judge
A. In a criminal cause, a judge of any trial or appellate court shall be recused upon any of the following grounds:
(1) The judge is biased, prejudiced, or personally interested in the cause to such an extent that the judge would be unable to conduct a fair and impartial trial.
(2) The judge is the spouse of the accused, of the party injured, of an attorney employed in the cause, or of the district attorney; or is related to the accused or the party injured, or to the spouse of the accused or party injured, within the fourth degree; or is related to an attorney employed in the cause or to the district attorney, or to the spouse of either, within the second degree.
(3) The judge has been employed or consulted as an attorney in the cause, or has been associated with an attorney during the latter's employment in the cause.
(4) The judge is a witness in the cause.
(5) The judge performed a judicial act in the cause in another court.
(6) The judge would be unable, for any other reason, to conduct a fair and impartial trial.
B. In a criminal cause, a judge of any trial or appellate court shall also be recused when there exists a substantial and objective basis that would reasonably be expected to prevent the judge from conducting any aspect of the cause in a fair and impartial manner.
C. In any cause in which the state or a political subdivision thereof is interested, the fact that the judge is a citizen of the state or a resident of the political subdivision, or pays taxes thereto, is not a ground for recusal. In any cause in which a religious body or religious corporation is interested, the fact that a judge is a member of the religious body or religious corporation is not alone a ground for recusal.
Acts 1988, No. 515, §3, eff. Jan. 1, 1989; Acts 2022, No. 42, §1.
{{NOTE: SEE ACTS 1988, NO. 515, §12.}}
2023 Louisiana Laws › Code of Criminal Procedure › Art. 672. Recusal on court's own motion

Art. 672. Recusal on court's own motion
A. A judge may recuse himself in any cause in which a ground for recusal exists, whether or not a motion for his recusal has been filed by a party.
B. Prior to the cause being allotted to another judge, a judge who recuses himself for any reason shall contemporaneously file in the record the order of recusal and written reasons that provide the factual basis for recusal under Article 671. The judge shall also provide a copy of the recusal and the written reasons therefor to the judicial administrator of the supreme court.
Acts 2022, No. 42, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 673. Judge may act until recused

Art. 673. Judge may act until recused
A judge has full power and authority to act, even though a ground for recusal exists, until he is recused, or a motion for his recusal is filed. The judge to whom the motion to recuse is assigned shall have full power and authority to act in the cause pending the disposition of the motion to recuse.
Acts 2010, No. 262, §2; Acts 2022, No. 42, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 674. Procedure for recusal of trial judge

Art. 674. Procedure for recusal of trial judge
A. A party desiring to recuse a trial judge shall file a written motion therefor assigning the ground for recusal under Article 671. The motion shall be filed not later than thirty days after discovery of the facts constituting the ground upon which the motion is based, but in all cases at least thirty days prior to commencement of the trial. In the event that the facts constituting the ground for recusal occur thereafter or the party moving for recusal could not, in the exercise of due diligence, have discovered such facts, the motion to recuse shall be filed immediately after the facts occur or are discovered, but prior to verdict or judgment.
B. If the motion to recuse sets forth facts constituting a ground for recusal under Article 671, not later than seven days after the judge's receipt of the motion from the clerk of court, the judge shall either recuse himself or refer the motion for hearing to another judge or to an ad hoc judge as provided in Article 675.
C. If the motion to recuse is not timely filed in accordance with Paragraph A of this Article or fails to set forth facts constituting a ground for recusal under Article 671, the judge may deny the motion without referring the motion to another judge or to an ad hoc judge for hearing but shall provide written reasons for the denial.
Acts 2022, No. 42, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 675. Selection of ad hoc judge to try motion to recuse

Art. 675. Selection of ad hoc judge to try motion to recuse
A. In a court having two judges, the judge who is sought to be recused shall refer the motion to recuse to the other judge of that court.
B. In a court having more than two judges, the motion to recuse shall be referred to another judge of the court through a random process as provided by the rules of court.
C. In a court having only one judge, the judge shall make a written request to the supreme court for the appointment of an ad hoc judge to try the motion to recuse.
D. The order of the court appointing an ad hoc judge shall be entered on the minutes of the court, and the clerk of court shall forward a certified copy of the order to the appointed ad hoc judge. The motion to recuse shall be tried promptly in a contradictory hearing in the court in which the cause is pending.
Acts 2001, No. 417, §2; Acts 2022, No. 42, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 676. Ad hoc judge to try cause when judge recused

Art. 676. Ad hoc judge to try cause when judge recused
A. When a judge of a court having more than two judges recuses himself or is recused after a trial of the motion, the matter shall be randomly reassigned to another judge for trial of the cause in accordance with the procedures contained in Article 675.
B. When a judge of a court having two judges recuses himself or is recused after a trial of the motion, the cause shall be tried by the other judge of that court.
C. When the judge of a court having only one judge recuses himself or is recused after a trial of the motion, the supreme court shall appoint an ad hoc judge to try the cause.
D. The ad hoc judge has the same power and authority to dispose of the cause as the recused judge would have.
Amended by Acts 1972, No. 191, §1; Acts 2001, No. 417, §2; Acts 2022, No. 42, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 679. Recusal of an appellate judge and a supreme court justice

Art. 679. Recusal of an appellate judge and a supreme court justice
A. A party desiring to recuse a judge of a court of appeal shall file a written motion therefor assigning the ground for recusal under Article 671. When a written motion is filed to recuse a judge of a court of appeal, the judge may recuse himself or the motion shall be heard by the other judges on the panel to which the cause is assigned, or by all judges of the court, except the judge sought to be recused, sitting en banc.
B. When a judge of a court of appeal recuses himself or is recused, the court shall randomly allot another of its judges to act for the recused judge in the hearing and disposition of the cause.
C. If the motion to recuse fails to set forth facts constituting a ground for recusal under Article 671, the judge may deny the motion without a hearing but shall provide written reasons for the denial.
D. A party desiring to recuse a justice of the supreme court shall file a written motion therefor assigning the ground for recusal under Article 671. When a written motion is filed to recuse a justice of the supreme court, the justice may recuse himself or the motion shall be heard by the other justices of the court.
E. When a justice of the supreme court recuses himself or is recused, the court may have the cause argued before and disposed of by the other justices or appoint a sitting or retired judge of a district court or of a court of appeal having the qualifications of a justice of the supreme court to sit as a member of the court in the hearing and disposition of the cause.
Acts 1997, No. 887, §1; Acts 2022, No. 42, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 680. Grounds for recusation of district attorney

CHAPTER 2. RECUSATION OF DISTRICT ATTORNEYS;
DISTRICT ATTORNEY AD HOC
Art. 680. Grounds for recusation of district attorney
A district attorney shall be recused when he:
(1) Has a personal interest in the cause or grand jury proceeding which is in conflict with fair and impartial administration of justice;
(2) Is related to the party accused or to the party injured, or to the spouse of the accused or party injured, or to a party who is a focus of a grand jury investigation, to such an extent that it may appreciably influence him in the performance of the duties of his office; or
(3) Has been employed or consulted in the case as attorney for the defendant before his election or appointment as district attorney.
Amended by Acts 1980, No. 195, §1, eff. July 8, 1980.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 681. Procedure for recusation of district attorney

Art. 681. Procedure for recusation of district attorney
A district attorney may recuse himself, whether a motion for his recusation has been filed or not, in any case in which a ground for recusation exists. A motion to recuse the district attorney shall be in writing and shall set forth the grounds therefor. The motion shall be filed in accordance with Article 521, and shall be tried in a contradictory hearing. If a ground for recusation is established the judge shall recuse the district attorney.
Amended by Acts 1978, No. 735, §2.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 682. Appointment of substitute for a recused district attorney

Art. 682. Appointment of substitute for a recused district attorney
When a district attorney is recused, or recuses himself, the trial judge shall either appoint an attorney at law, who has the qualifications of a district attorney and is not an assistant to the recused district attorney, to act in the place of the district attorney in the case, or shall notify the attorney general in writing of the recusation. In the latter instance, it shall be the duty of the attorney general to appoint a member of his staff or a district attorney of another district to act in the place of the recused district attorney. The substitute appointed for the recused district attorney shall have all powers of the recused district attorney with reference to the case.
Amended by Acts 1972, No. 652, §1; Acts 2009, No. 271, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 683. Disability or absence of district attorney

Art. 683. Disability or absence of district attorney
When a district attorney is unable to perform his duties for any cause, other than recusation, death, or resignation or removal from office, an assistant district attorney shall act in his place. When the district attorney still holds office and there is no assistant district attorney, the trial judge shall appoint an attorney at law of that district, having the qualifications of a district attorney, to act in his place during his disability or absence. If the trial judge is unable to make the appointment, he shall certify the fact in writing to the attorney general, who shall appoint a district attorney of another district to act in place of the regular district attorney. The temporary district attorney shall have all powers of the district attorney during the time of his disability or absence.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 683.1. Costs of prosecution and investigation

Art. 683.1. Costs of prosecution and investigation
A. Whenever the district attorney of the parish of original jurisdiction and venue is recused or requests another district attorney or the attorney general to undertake a prosecution or an investigation reasonably related to a possible prosecution and such other district attorney or the attorney general actually undertakes same, the costs of such prosecution and investigation shall be borne by the parish of original jurisdiction and venue, which shall reimburse such other district attorney or the attorney general therefor.
B. For the purposes of this Article, "costs of prosecution and investigation" include not only unreimbursed court costs but also the actual costs of travel, including mileage or transportation costs, lodging, and meals, all in accord with the travel regulations of the Division of Administration; the actual costs of experts and expert witnesses, their actual costs of travel, including mileage or transportation costs, lodging, and meals; laboratory fees, and all other actual costs of performing the prosecution and investigation.
Acts 1986, No. 895, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 684. Review of recusal ruling

CHAPTER 3. REVIEW OF RECUSAL RULING
Art. 684. Review of recusal ruling
A. If a district attorney is recused over the objection of the state, the state may apply for a review of the ruling by supervisory writs. The defendant may not appeal prior to sentence from a ruling recusing or refusing to recuse the district attorney.
B. If a judge is recused over the objection of the state or the defendant, or if a motion by the state or the defendant to recuse a judge is denied, the party's exclusive remedy is to apply for a review of the ruling by supervisory writs. A ruling recusing or refusing to recuse the judge shall not be considered on appeal.
C. Upon ruling on a motion to recuse a judge, the judge shall advise the defendant in open court or in writing that the ruling may be reviewed only by a timely filed supervisory writ to the appellate court and shall not be raised on appeal.
Acts 1997, No. 887, §1; Acts 2022, No. 42, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 691. Dismissal of prosecution by district attorney

TITLE XXIII
DISMISSAL OF PROSECUTION
Art. 691. Dismissal of prosecution by district attorney
The district attorney has the power, in his discretion, to dismiss an indictment or a count in an indictment, and in order to exercise that power it is not necessary that he obtain consent of the court. The dismissal may be made orally by the district attorney in open court, or by a written statement of the dismissal signed by the district attorney and filed with the clerk of court. The clerk of court shall cause the dismissal to be entered on the minutes of the court.
Amended by Acts 1968, No. 142, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 692. Dismissal of indictment after conviction

Art. 692. Dismissal of indictment after conviction
After conviction, the district attorney is authorized to dismiss an indictment or count thereof only:
(1) When a new trial has been granted.
(2) When a motion in arrest of judgment has been sustained.
Acts 1983, No. 588, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 693. Effect of dismissal

Art. 693. Effect of dismissal
Dismissal by the district attorney of an indictment or of a count of an indictment, discharges that particular indictment or count. The dismissal is not a bar to a subsequent prosecution, except that:
(1) A dismissal entered without the defendant's consent after the first witness is sworn at the trial on the merits, shall operate as an acquittal and bar a subsequent prosecution for the charge dismissed; and
(2) A dismissal entered after a city court conviction has been appealed to the district court for a trial de novo, shall operate as an acquittal and bar a subsequent prosecution for the charge dismissed.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 703. Motion to suppress evidence

CHAPTER 2. MOTION TO SUPPRESS EVIDENCE
Art. 703. Motion to suppress evidence
A. A defendant adversely affected may move to suppress any evidence from use at the trial on the merits on the ground that it was unconstitutionally obtained.
B. A defendant may move on any constitutional ground to suppress a confession or statement of any nature made by the defendant.
C. A motion filed under the provisions of this Article must be filed in accordance with Article 521, unless opportunity therefor did not exist or neither the defendant nor his counsel was aware of the existence of the evidence or the ground of the motion, or unless the failure to file the motion was otherwise excusable. The court in its discretion may permit the filing of a motion to suppress at any time before or during the trial.
D. On the trial of a motion to suppress filed under the provisions of this Article, the burden of proof is on the defendant to prove the ground of his motion, except that the state shall have the burden of proving the admissibility of a purported confession or statement by the defendant or of any evidence seized without a warrant.
E.(1) An evidentiary hearing on a motion to suppress shall be held only when the defendant alleges facts that would require the granting of relief. The state may file an answer to the motion. The defendant may testify in support of a motion to suppress without being subject to examination on other matters. The defendant's testimony cannot be used by the state except for the purpose of attacking the credibility of the defendant's testimony at the trial on the merits.
(2) If the defendant testifies before the jury at the trial on the merits, he can be cross-examined on the whole case.
F. A ruling prior to trial on the merits, upon a motion to suppress, is binding at the trial. Failure to file a motion to suppress evidence in accordance with this Article prevents the defendant from objecting to its admissibility at the trial on the merits on a ground assertable by a motion to suppress.
G. When a ruling on a motion to suppress a confession or statement is adverse to the defendant, the state shall be required, prior to presenting the confession or statement to the jury, to introduce evidence concerning the circumstances surrounding the making of the confession or statement for the purpose of enabling the jury to determine the weight to be given the confession or statement.
A ruling made adversely to the defendant prior to trial upon a motion to suppress a confession or statement does not prevent the defendant from introducing evidence during the trial concerning the circumstances surrounding the making of the confession or statement for the purpose of enabling the jury to determine the weight to be given the confession or statement.
Amended by Acts 1975, No. 814, §1; Acts 1978, No. 746, §1; Acts 1980, No. 431, §1; Acts 1988, No. 515, §3, eff. Jan. 1, 1989.
{{NOTE: SEE ACTS 1988, NO. 515, §12.}}
2023 Louisiana Laws › Code of Criminal Procedure › Art. 704. Severance

CHAPTER 3. SEVERANCE AND CONSOLIDATION
Art. 704. Severance
Jointly indicted defendants shall be tried jointly unless:
(1) The state elects to try them separately; or
(2) The court, on motion of the defendant, and after contradictory hearing with the district attorney, is satisfied that justice requires a severance.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 705. Effects of severance

Art. 705. Effects of severance
When the court has ordered severance of an indictment, the district attorney shall file separate indictments.
In the case of a grand jury indictment, no further action by the grand jury is required. Severed indictments shall be considered as filed on the date of the filing of the original indictment. Proceedings under the original indictment are not affected by the severance except insofar as they may be inconsistent with some other provision of this Code. The effects of a severance, as stated in this article, apply to severances under Articles 532(3) and 704.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 706. Consolidation for trial

Art. 706. Consolidation for trial
Upon motion of a defendant, or of all defendants if there are more than one, the court may order two or more indictments consolidated for trial if the offenses and the defendants, if there are more than one, could have been joined in a single indictment. The procedure thereafter shall be the same as if the prosecution were under a single indictment.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 707. Motion for continuance; time for filing

CHAPTER 4. CONTINUANCE
Art. 707. Motion for continuance; time for filing
A motion for a continuance shall be in writing and shall allege specifically the grounds upon which it is based and, when made by a defendant, must be verified by his affidavit or that of his counsel. It shall be filed at least seven days prior to the commencement of trial.
Upon written motion at any time and after contradictory hearing, the court may grant a continuance, but only upon a showing that such motion is in the interest of justice.
Amended by Acts 1978, No. 735, §2; Acts 1981, No. 440, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 709. Continuance based on absence of a witness

Art. 709. Continuance based on absence of a witness
A. A motion for a continuance based upon the absence of a witness shall state all of the following:
(1) Facts to which the absent witness is expected to testify, showing the materiality of the testimony and the necessity for the presence of the witness at the trial.
(2) Facts and circumstances showing a probability that the witness will be available at the time to which the trial is deferred.
(3) Facts showing due diligence used in an effort to procure attendance of the witness.
B. In addition to the requirements set forth in Paragraph A of this Article, when the motion for continuance is based upon the absence of a witness who is in the armed forces, the moving party, either the district attorney or the defense counsel, shall attest to facts showing that the absent witness is on active military duty in the United States Armed Forces.
Acts 2010, No. 744, §1, eff. June 29, 2010.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 710. Prevention of continuance by admission of adverse party

Art. 710. Prevention of continuance by admission of adverse party
When a motion for a continuance is based on the absence of a material witness, and the adverse party admits that if the witness were present he would testify as stated in the motion, the court may proceed to the trial of the case. If the court is of the opinion that despite the admission, the case cannot be tried with justice to the applicant, it may require the adverse party to admit also the truth of the testimony as a condition of refusing to grant the continuance.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 714. Continuance to defendants jointly indicted

Art. 714. Continuance to defendants jointly indicted
When defendants are jointly indicted and a continuance is granted to one of them, the court may grant a continuance to any of the others, on his motion. However, a continuance granted to one defendant shall not deprive other jointly indicted defendants of a prompt trial unless the state can show good ground for continuance as to them.
Amended by Acts 1968, No. 143, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 716. Statements by the defendant, codefendants, and witnesses

CHAPTER 5. DISCOVERY AND INSPECTION
PART A. DISCOVERY BY THE DEFENDANT
Art. 716. Statements by the defendant, codefendants, and witnesses
A. Upon written motion of the defendant, the court shall order the district attorney to disclose to the defendant, and to permit or authorize the defendant to inspect and copy, photograph or otherwise reproduce any relevant written or recorded confession or statement of any nature, including recorded testimony before a grand jury, or copy thereof, of the defendant in the possession, custody, control, or knowledge of the district attorney.
B. Except as provided by Paragraph C of this Article, upon written motion of the defendant, the court shall order the district attorney to inform the defendant of the existence, but not the contents, of any oral confession or statement of any nature made by the defendant or any codefendant which the district attorney intends to offer in its case in chief at the trial, with the information as to when, where, and to whom such oral confession or statement was made.
C. Upon written motion of the defendant, the court shall order the district attorney to inform the defendant of the substance of any oral statement made by the defendant or any codefendant which the state intends to offer in its case in chief at the trial, whether before or after arrest, in response to interrogation by any person then known to the defendant or the codefendant to be a law enforcement officer.
D. Upon written motion of the defendant, the court shall order the district attorney to disclose to the defendant, and to permit or authorize the defendant to inspect and copy any written or recorded statements of any witness the state intends to call in its case in chief at the trial. For purposes of this Article: (1) "written or recorded statement of a witness" shall mean any audio or audio-video recording of an oral statement or interview of a witness, and any statement a witness writes or signs; (2) for the purposes of this Article, "trial" shall mean the phase of the case at which the state attempts to meet its burden as to guilt, and specifically does not extend to pretrial matters or hearings, or to the penalty phase in capital prosecutions. The state need not provide the defendant any written or recorded statement of its witnesses until immediately prior to the opening statement at trial.
E. Nothing in this Chapter shall be construed to require that testimony before a grand jury be recorded.
F. Nothing contained in this Chapter shall obligate the state to provide to any defendant a witness list for any trial or pretrial matter.
Added by Acts 1977, No. 515, §1; Acts 2013, No. 250, §1.
NOTE: See Acts 2013, No. 250, §2, relative to applicability.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 717. Disclosure by the state; criminal records of defendant and witnesses; inducements to the state's witnesses

Art. 717. Disclosure by the state; criminal records of defendant and witnesses; inducements to the state's witnesses
A. Upon written motion of the defendant, the court shall order the district attorney to disclose, or to direct the appropriate law enforcement agency to disclose to the defendant, the record of arrests and convictions of the defendant, any codefendant, and any witness the state calls, or intends to call at trial.
B. The district attorney shall also disclose any inducement offered by the district attorney, or by any law enforcement officer on behalf of the district attorney, to any state witness.
C. The time for disclosure provided for by this Article shall be set by the court, provided that the district attorney shall not be required to disclose inducements or records of arrests and convictions until the commencement of trial. For any witness called by the state in its rebuttal case, the record of arrests and convictions of the rebuttal witness, and any inducement offered by the district attorney, or by any law enforcement officer on behalf of the district attorney, to secure testimony of the witness in the state's rebuttal case shall be disclosed immediately prior to the witness being sworn.
D. The provisions of Article 729.7 of this Code regarding the protection of a witness's identity shall apply to this Article.
Added by Acts 1977, No. 515, §1; Acts 2012, No. 842, §1; Acts 2013, No. 250, §1.
NOTE: See Acts 2013, No. 250, §2, relative to applicability.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 718. Documents and tangible objects

Art. 718. Documents and tangible objects
Subject to the limitation of Article 723 of this Code, and except as otherwise prohibited by law, upon written motion of the defendant, the court shall order the district attorney to permit or authorize the defendant to inspect and copy, photograph or otherwise reproduce law enforcement reports created and known to the prosecutor made in connection with the particular case, and to permit or authorize the defendant or an expert working with the defendant, to inspect, copy, examine, test scientifically, photograph, or otherwise reproduce books, papers, documents, photographs, tangible objects, buildings, places, or copies or portions thereof that are within the possession, custody, or control of the state, and that are intended for use by the state as evidence in its case in chief at trial, or were obtained from or belong to the defendant.
Added by Acts 1977, No. 515, §1; Acts 2012, No. 842, §1; Acts 2013, No. 250, §1.
NOTE: See Acts 2013, No. 250, §2, relative to applicability.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 718.1. Evidence of obscenity, video voyeurism, pornography involving juveniles, or unlawful posting of criminal activity for notoriety and publicity; prohibition on reproduction of pornography involving juveniles

Art. 718.1. Evidence of obscenity, video voyeurism, pornography involving juveniles, or unlawful posting of criminal activity for notoriety and publicity; prohibition on reproduction of pornography involving juveniles
A. In any criminal proceeding, any property or material that is alleged to constitute evidence of obscenity as defined in R.S. 14:106(A)(2) that is unlawfully possessed, video voyeurism as defined in R.S. 14:283, pornography involving juveniles as defined in R.S. 14:81.1, or unlawful posting of criminal activity for notoriety and publicity as defined in R.S. 14:107.4, shall remain in the care, custody, and control of the investigating law enforcement agency, the court, or the district attorney.
B. Notwithstanding any other provision of law to the contrary, the court shall deny any request by the defendant to copy, photograph, duplicate, or otherwise reproduce any property or material that is alleged to constitute evidence of obscenity as defined in R.S. 14:106(A)(2) that is unlawfully possessed, video voyeurism as defined in R.S. 14:283, pornography involving juveniles as defined in R.S. 14:81.1, or unlawful posting of criminal activity for notoriety and publicity as defined in R.S. 14:107.4, provided that the district attorney makes the property or material reasonably available to the defendant.
C. For purposes of this Article, the property or material shall be deemed reasonably available to the defendant if the district attorney provides ample opportunity for the inspection, viewing, and examination at the office of the district attorney of the property or material by the defendant, the defendant's attorney, and any individual the defendant may seek to qualify to furnish expert testimony at trial.
D. Any material described in Paragraph A of this Article shall be contraband and shall not be disseminated or viewed by anyone other than as provided for in this Article or for the purposes of prosecution of the related criminal offenses. The court may issue any orders it deems appropriate to ensure that the privacy concerns of the victim are addressed.
Acts 2012, No. 404, §1; Acts 2012, No. 558, §1, eff. June 5, 2012; Acts 2016, No. 82, §1; Acts 2020, No. 353, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 719. Reports of examinations and tests

Art. 719. Reports of examinations and tests
A. Upon written motion of the defendant, the court shall order the district attorney to permit or authorize the defendant to inspect and copy, photograph, or otherwise reproduce any results or reports, or copies thereof, of a physical or mental examination, and of scientific tests or experiments, made in connection with or material to the particular case, that are in the possession, custody, control, or knowledge of the district attorney and intended for use at trial. If the witness preparing the report will be called as an expert, the report shall contain the witness's area of expertise, his qualifications, a list of materials upon which his conclusion is based, and his opinion and the reason therefor. If the expert witness has not reduced his results to writing, or if the expert witness's written report does not contain the information required of an expert as provided in this Article, the state must produce for the defendant a written summary containing any information required to be produced pursuant to this Article but absent from a written report, if any, including the name of the expert witness, his qualifications, a list of materials upon which his conclusion is based, and his opinion and the reason therefor.
B. In addition, upon motion of the defendant, whenever the court orders the defendant to provide urine, blood, saliva, or hair samples or samples of other bodily substances for deoxyribonucleic acid testing in a criminal case, the defendant shall be authorized to acquire one-half of the deoxyribonucleic acid sample to be tested separately by the defendant at his expense.
Added by Acts 1977, No. 515, §1; Acts 1997, No. 1074, §1; Acts 2013, No. 250, §1.
NOTE: See Acts 2013, No. 250, §2, relative to applicability.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 720. Evidence of other crimes

Art. 720. Evidence of other crimes
Upon written motion of defendant, the court shall order the district attorney to inform the defendant of the state's intent to offer evidence of the commission of any other crime admissible under the authority of Code of Evidence Articles 404 and 412.2. However, that order shall not require the district attorney to inform the defendant of the state's intent to offer evidence of offenses which relates to conduct that constitutes an integral part of the act or transaction that is the subject of the present proceeding or other crimes for which the accused was previously convicted.
Added by Acts 1977, No. 515, §1. Acts 1988, No. 515, §3, eff. Jan. 1, 1989; Acts 2013, No. 250, §1.
NOTE: See Acts 2013, No. 250, §2, relative to applicability.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 721. Statements of coconspirators

Art. 721. Statements of coconspirators
Upon written motion of the defendant, the court shall order the district attorney to disclose to the defendant the state's intent to use any written, recorded, or oral statements of coconspirators that the state intends to introduce in its case in chief pursuant to Code of Evidence Article 801(D)(3)(b).
Added by Acts 1977, No. 515, §1. Acts 1988, No. 515, §3, eff. Jan. 1, 1989; Acts 2013, No. 250, §1.
NOTE: See Acts 2013, No. 250, §2, relative to applicability.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 722. Confessions and statements of codefendants

Art. 722. Confessions and statements of codefendants
Upon written motion of the defendant, the court shall order the district attorney to permit or authorize the defendant to inspect and copy, photograph, or otherwise reproduce any written or recorded confessions or statements made by a codefendant.
Added by Acts 1977, No. 515, §1; Acts 2013, No. 250, §1.
NOTE: See Acts 2013, No. 250, §2, relative to applicability.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 723. State reports and other matters not subject to disclosure, favorable evidence

Art. 723. State reports and other matters not subject to disclosure, favorable evidence
A. Except as specifically provided in this Chapter, this Chapter does not authorize the discovery or inspection of reports, memoranda, notes, or other internal state documents made by the district attorney or by agents of the state in connection with the investigation or prosecution of the case; or of any document, notes, or other items which contain the mental impressions of any attorney for the state or any investigator working on behalf of such attorney.
B. Notwithstanding any provision to the contrary contained herein, the state shall provide the defendant with any evidence constitutionally required to be disclosed pursuant to
Brady v. Maryland
, 373 U.S. 83 (1963) and its progeny.
Added by Acts 1977, No. 515, §1; Acts 2013, No. 250, §1.
NOTE: See Acts 2013, No. 250, §2, relative to applicability.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 724. Documents and tangible objects

PART B. DISCOVERY BY THE STATE
Art. 724. Documents and tangible objects
When the court grants relief sought by the defendant under Article 718 of this Code, it shall upon the motion of the district attorney, condition its order by requiring the defendant to disclose to the state, and to permit or authorize the state, or an expert working with the state, to inspect, copy, examine, test scientifically, photograph, or otherwise reproduce books, papers, documents, photographs, tangible objects, buildings, places, or copies, or portions thereof, that are in the possession, custody, or control of the defendant, and that the defendant intends to use in evidence at the trial.
Added by Acts 1977, No. 515, §1; Acts 2013, No. 250, §1.
NOTE: See Acts 2013, No. 250, §2, relative to applicability
2023 Louisiana Laws › Code of Criminal Procedure › Art. 725. Reports of examinations and tests

Art. 725. Reports of examinations and tests
When the court grants the relief sought by the defendant pursuant to Article 719 of this Code, it shall, upon the written motion of the state, condition its order by requiring the defendant to disclose to the state, and to permit or authorize the state, or an expert working with the state, to inspect and copy, photograph, or otherwise reproduce, and disclose to the district attorney any results of reports, or copies thereof, of physical and mental examinations and of scientific tests or experiments, made in connection with the particular case, that are in the possession, custody, control, or knowledge of the defendant, and intended for use at trial. If the witness preparing the report will be called as an expert, the report shall contain the witness's area of expertise, his qualifications, a list of materials upon which his conclusion is based, and his opinion and the reason therefor. If the expert witness has not reduced his results or reports to writing, or if the expert witness's written report does not contain the information required of an expert as provided in this Article, the defendant must produce for the state a written summary containing any information required to be produced pursuant to this Article but absent from a written report, if any, including the name of the expert witness, his qualifications, a list of materials upon which his conclusion is based, and his opinion and the reason therefor.
Added by Acts 1977, No. 515, §1; Acts 2013, No. 250, §1.
NOTE: See Acts 2013, No. 250, §2, relative to applicability.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 725.1. Disclosure by the defendant; names of defense witnesses

Art. 725.1. Disclosure by the defendant; names of defense witnesses
A. If the defendant moves, pursuant to Article 717 of this Code, for disclosure of the records of arrests and convictions of witnesses to be called by the state in its case in chief, the defendant shall disclose to the district attorney, prior to those witnesses being sworn, the name and date of birth of the witnesses to be called by the defendant in his case in chief.
B.(1) If the defendant moves, pursuant to Article 716(D) of this Code, for disclosure of statements of witnesses to be called by the state in its case in chief, the defendant shall, upon motion by the state, disclose to the district attorney, and permit or authorize the district attorney to inspect and copy any written or recorded statements of any witness the defendant intends to call at trial.
(2) For purposes of this Article:
(a) "Trial" shall mean the phase of the case at which the defense responds to the state's attempt to meet its burden as to guilt, and specifically does not extend to pretrial matters or hearings, or to the penalty phase in capital prosecutions.
(b) "Written or recorded statement of a witness" shall mean any audio or audio-video recording of an oral statement or interview of a witness, and any statement a witness writes or signs.
Acts 2012, No. 842, §1; Acts 2013, No. 250, §1; Acts 2014, No. 791, §§21, 23.
NOTE: See Acts 2013, No. 250, §2, relative to applicability.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 726. Notice of defense based upon mental condition

Art. 726. Notice of defense based upon mental condition
A. If a defendant intends to introduce testimony relating to a mental disease, defect, or other condition bearing upon the issue of whether he had the mental state required for the offense charged, he shall not later than ten days prior to trial or such reasonable time as the court may permit, notify the district attorney in writing of such intention and file a copy of such notice with the clerk. The court may for cause shown allow late filing of the notice or grant additional time to the parties to prepare for trial or make such other orders as may be appropriate.
B. If there is a failure to give notice as required by Subsection A of this Article, the court may exclude the testimony of any witness offered by the defendant on the issue of mental condition.
Added by Acts 1977, No. 515, §1.