reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Code of Criminal Procedure › Art. 791. Sequestration of jurors and jury

Art. 791. Sequestration of jurors and jury
A. A jury is sequestered by being kept together in the charge of an officer of the court so as to be secluded from outside communication, except as permitted by R.S. 18:1307.2.
B. In capital cases, after each juror is sworn he shall be sequestered, unless the state and the defense have jointly moved that the jury not be sequestered.
C.(1) In noncapital cases, the jury shall be sequestered during active deliberations and may be sequestered at any time upon order of the court.
(2) At any time after the court's charge, and after notice to the parties and affording the parties an opportunity to be heard on the record outside the presence of the jury, the court may declare the deliberations to be in recess and may then direct the jury to suspend its deliberations, to separate without sequestration, and to return for continued deliberations on the next day of operation of the court. Before each recess, the court shall admonish the jury as provided in Subparagraph (3) of this Paragraph and direct it to not resume its deliberations until all twelve jurors have reassembled in the designated place at the termination of the declared recess.
(3)(a) Upon the court's charge to suspend deliberations and to separate without sequestration, the court shall admonish the jury as follows:
(i) Deliberations shall be conducted only in the jury room when all jurors are present. All deliberations shall cease and shall not resume until all of the jurors have returned to the jury room.
(ii) During the recess, jurors shall not converse with any person about anything related to the case.
(iii) Jurors remain under obligation to not request, accept, agree to accept, or discuss with any person regarding the receiving or accepting of any payment or benefit in return for supplying information concerning the trial.
(iv) Jurors shall promptly report directly to the court any incident within their knowledge involving an attempt by any person to improperly influence any member of the jury.
(v) Jurors shall not visit or view the premises or place where the charged crime was allegedly committed or any other premises or place involved in the case.
(vi) Jurors shall not read, view, or listen to any accounts or discussions of the case reported by newspapers, television, radio, the internet, or any other news media outlet.
(vii) Jurors shall not attempt to research any fact, issue, or law related to the case, whether by discussion with others, by research in a library or on the internet, or by any other means or source.
(b) Upon the jurors returning from any recess, the court shall verify with each juror on the record that he followed the admonition.
Amended by Acts 1981, No. 475, §1; Acts 1995, No. 1172, §1; Acts 1995, No. 1277, §1; Acts 2023, No. 75, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 793. Use of evidence in jury room; reading of recorded testimony; jurors' notes

Art. 793. Use of evidence in jury room; reading of recorded testimony; jurors' notes
A. Except as provided in Paragraph B of this Article, a juror must rely upon his memory in reaching a verdict. He shall not be permitted to refer to notes or to have access to any written evidence. Testimony shall not be repeated to the jury. Upon the request of a juror and in the discretion of the court, the jury may take with it or have sent to it any object or document received in evidence when a physical examination thereof is required to enable the jury to arrive at a verdict.
B. A juror shall be permitted to take notes when agreement to granting such permission has been made between the defendant and the state in open court but not within the presence of the jury. The court shall provide the needed writing implements. Jurors may, but need not, take notes and such notes may be used during the jury's deliberations but shall not be preserved for review on appeal. The trial judge shall ensure the confidentiality of the notes during the course of trial and the jury's deliberation and shall cause the notes to be destroyed immediately upon return of the verdict.
C. The lack of consent by either the defendant or the state to allow a juror to take notes during a trial shall not be communicated to the jury.
Acts 2001, No. 465, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 794. Removal of jury

Art. 794. Removal of jury
A. The court may, and at the request of the state or a defendant shall, remove the jury from the courtroom when the court hears matters to be decided by the court alone. The court may remove the jury from the courtroom at any time when considered in the best interest of justice.
B. The removal of the jury when the court is asked to make rulings on evidentiary matters is controlled by the Louisiana Code of Evidence.
Acts 1988, No. 515, §3, eff. Jan. 1, 1989.
{{NOTE: SEE ACTS 1988, NO. 515, §12.}}
2023 Louisiana Laws › Code of Criminal Procedure › Art. 795. Time for challenges; method; peremptory challenges based on race or gender; restrictions

SECTION 2. CHALLENGES
Art. 795. Time for challenges; method; peremptory challenges based on race or gender; restrictions
A. A juror shall not be challenged for cause after having been temporarily accepted pursuant to Article 788(A) unless the challenging party shows that the cause was not known to him prior to that time.
B.(1) Peremptory challenges shall be exercised prior to the swearing of the jury panel.
(2) Peremptory challenges of jurors shall be made and communicated to the court in a side bar conference of the judge, the attorneys conducting the examination and selection of jurors, and the defendant in a case in which the defendant chooses to represent himself. The conference shall be conducted in a manner that only the court, the attorneys, and the defendant in a case in which the defendant chooses to represent himself, are aware of the challenges made until the court announces the challenges without reference to any party or attorney in the case.
C. No peremptory challenge made by the state or the defendant shall be motivated in substantial part on the basis of the race or gender of the juror. If an objection is made that a challenge was motivated in substantial part on the basis of race or gender, and a prima facie case supporting that objection is made by the objecting party, the court shall demand a satisfactory race or gender neutral reason for the exercise of the challenge. Such demand and disclosure shall be made outside of the hearing of any juror or prospective juror. The court shall then determine whether the challenge was motivated in substantial part on the basis of race or gender.
D. The court shall allow to stand each peremptory challenge exercised for a race or gender neutral reason either apparent from the examination or disclosed by counsel when required by the court. The provisions of Paragraph C of this Article and this Paragraph shall not apply when both the state and the defense have exercised a challenge against the same juror.
E. The court shall allow to stand each peremptory challenge for which a satisfactory racially neutral or gender neutral reason is given. Those jurors who have been peremptorily challenged and for whom no satisfactory racially neutral or gender neutral reason is apparent or given may be ordered returned to the panel, or the court may take such other corrective action as it deems appropriate under the circumstances. The court shall make specific findings regarding each such challenge.
Amended by Acts 1986, No. 323, §1; Acts 1990, No. 547, §1; Acts 1990, No. 713, §1; Acts 1993, No. 1019, §1; Acts 2008, No. 669, §1; Acts 2019, No. 235, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 797. Challenge for cause

Art. 797. Challenge for cause
The state or the defendant may challenge a juror for cause on the ground that:
(1) The juror lacks a qualification required by law;
(2) The juror is not impartial, whatever the cause of his partiality. An opinion or impression as to the guilt or innocence of the defendant shall not of itself be sufficient ground of challenge to a juror, if he declares, and the court is satisfied, that he can render an impartial verdict according to the law and the evidence;
(3) The relationship, whether by blood, marriage, employment, friendship, or enmity between the juror and the defendant, the person injured by the offense, the district attorney, or defense counsel, is such that it is reasonable to conclude that it would influence the juror in arriving at a verdict;
(4) The juror will not accept the law as given to him by the court; or
(5) The juror served on the grand jury that found the indictment, or on a petit jury that once tried the defendant for the same or any other offense.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 798. Causes for challenge by the state

Art. 798. Causes for challenge by the state
It is good cause for challenge on the part of the state, but not on the part of the defendant, that:
(1) The juror is biased against the enforcement of the statute charged to have been violated, or is of the fixed opinion that the statute is invalid or unconstitutional;
(2) The juror tendered in a capital case who has conscientious scruples against the infliction of capital punishment and makes it known:
(a) That he would automatically vote against the imposition of capital punishment without regard to any evidence that might be developed at the trial of the case before him;
(b) That his attitude toward the death penalty would prevent or substantially impair him from making an impartial decision as a juror in accordance with his instructions and his oath; or
(c) That his attitude toward the death penalty would prevent him from making an impartial decision as to the defendant's guilt; or
(3) The juror would not convict upon circumstantial evidence.
Amended by Acts 1968, Ex.Sess., No. 13, §1, emerg. eff. Dec. 27, 1968, at 1:00 P.M; Acts 1990, No. 366, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 799. Number of peremptory challenges

Art. 799. Number of peremptory challenges
In trials of offenses punishable by death or necessarily by imprisonment at hard labor, each defendant shall have twelve peremptory challenges, and the state twelve for each defendant. In all other cases, each defendant shall have six peremptory challenges, and the state six for each defendant.
Acts 1983, No. 495, §1; Acts 1985, No. 952, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 799.1. Challenges; use of all available challenges

Art. 799.1. Challenges; use of all available challenges
Notwithstanding any other provision of law to the contrary, and specifically notwithstanding the provisions of Article 788, in the jury selection process, the state and the defendant may exercise all peremptory challenges available to each side, respectively, prior to the full complement of jurors being seated and before being sworn in by the court, and the state or the defendant may exercise any remaining peremptory challenge to one or more of the jurors previously accepted. No juror shall be sworn in until both parties agree on the jury composition or have exercised all challenges available to them, unless otherwise agreed to by the parties.
Acts 2006, No. 71, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 801. Time for charge; when written charge required

SECTION 3. CHARGING THE JURY
Art. 801. Time for charge; when written charge required
A. The court shall charge the jury after the presentation of all evidence and arguments. The court shall reduce its charge to writing if it is requested to do so by either a defendant or the state prior to the swearing of the first witness at the trial on the merits. The court's written charge shall be read to the jury. The court shall deliver a copy thereof to the defendant and to the state prior to reading it to the jury.
B.(1) After such written charge is read to the jury, a copy of the written charge shall be delivered to the jury if such delivery is consented to by both the defendant and the state in open court but not in the presence of the jury.
(2) The lack of consent by either the defendant or the state to the delivery of the written charge to the jury shall not be communicated to the jury.
C. A party may not assign as error the giving or failure to give a jury charge or any portion thereof unless an objection thereto is made before the jury retires or within such time as the court may reasonably cure the alleged error. The nature of the objection and grounds therefor shall be stated at the time of objection. The court shall give the party an opportunity to make the objection out of the presence of the jury.
Amended by Acts 1982, No. 458, §1; Acts 2001, No. 310, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 802. General charge; scope

Art. 802. General charge; scope
The court shall charge the jury:
(1) As to the law applicable to the case;
(2) That the jury is the judge of the law and of the facts on the question of guilt or innocence, but that it has the duty to accept and to apply the law as given by the court; and
(3) That the jury alone shall determine the weight and credibility of the evidence.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 803. Same; charge as to included minor offenses and plea of insanity

Art. 803. Same; charge as to included minor offenses and plea of insanity
When a count in an indictment sets out an offense which includes other offenses of which the accused could be found guilty under the provisions of Article 814 or 815, the court shall charge the jury as to the law applicable to each offense.
When a defendant has specially pleaded insanity in accordance with Article 552, the court shall charge the jury with respect to the law applicable thereto.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 804. Same; charge as to presumption of innocence, reasonable doubt, and several grades of offense

Art. 804. Same; charge as to presumption of innocence, reasonable doubt, and several grades of offense
A. In all cases the court shall charge the jury that:
(1) A person accused of crime is presumed by law to be innocent until each element of the crime, necessary to constitute his guilt, is proven beyond a reasonable doubt;
(2) It is the duty of the jury, in considering the evidence and in applying to that evidence the law as given by the court, to give the defendant the benefit of every reasonable doubt arising out of the evidence or out of the lack of evidence in the case; and
(3) It is the duty of the jury if not convinced of the guilt of a defendant beyond a reasonable doubt, to find him not guilty.
The court may, but is not required to, define "the presumption of innocence" or "reasonable doubt" or give any other or further charge upon the same than that contained in this article.
B. When there are several grades of an offense contained in a single count, the court shall charge the jury as to each grade of which the defendant could be found guilty. The court shall in that case also charge the jury that if it has a reasonable doubt as to any or all grades of the offense charged it shall find the defendant not guilty of that grade, or all grades of the offense, as the case may be.
Amended by Acts 1968, No. 144, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 807. Special written charges

Art. 807. Special written charges
The state and the defendant shall have the right before argument to submit to the court special written charges for the jury. Such charges may be received by the court in its discretion after argument has begun. The party submitting the charges shall furnish a copy of the charges to the other party when the charges are submitted to the court.
A requested special charge shall be given by the court if it does not require qualification, limitation, or explanation, and if it is wholly correct and pertinent. It need not be given if it is included in the general charge or in another special charge to be given.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 808. Manner of giving further charges after jury retires

Art. 808. Manner of giving further charges after jury retires
If the jury or any member thereof, after having retired to deliberate upon the verdict, desires further charges, the officer in charge shall bring the jury into the courtroom, and the court shall in the presence of the defendant, his counsel, and the district attorney, further charge the jury. The further charge may be verbal, but shall be in writing if requested by any juror. No charge shall be reduced to writing at the request of a juror pursuant to this Article unless consent is obtained from both the defendant and the state in open court but not within the presence of the jury. The lack of consent by either the defendant or the state shall not be communicated to the jury. A copy of the court's written charge shall be delivered to the defendant, the state, and the jury.
Acts 2001, No. 310, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 809. Judge to give jury written list of responsive verdicts

CHAPTER 4. VERDICTS
Art. 809. Judge to give jury written list of responsive verdicts
After charging the jury, the judge shall give the jury a written list of the verdicts responsive to each offense charged, with each separately stated. The list shall be taken into the jury room for use by the jury during its deliberation.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 810. Form of verdict; delivery of verdict

Art. 810. Form of verdict; delivery of verdict
When a verdict has been agreed upon, the foreman shall write the verdict on the back of the list of responsive verdicts given to the jury and shall sign it. There shall be no formal requirement as to the language of the verdict except that it shall clearly convey the intention of the jury.
The foreman of the jury shall deliver the verdict to the judge in open court.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 811. Receipt and recordation of verdict

Art. 811. Receipt and recordation of verdict
If the verdict is correct in form and responsive to the indictment, the court shall order the clerk to receive the verdict, to read it to the jury, and to ask: "Is that your verdict?" If the jury answer "Yes," the court shall order the clerk to record the verdict and shall discharge the jury.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 812. Same; polling and disposition of jury

Art. 812. Same; polling and disposition of jury
A. The court shall order the clerk to poll the jury if requested by the state or the defendant. The poll shall be conducted in writing by applying the procedures of this Article, and shall be done in open court.
B.(1) The procedure for the written polling of the jury shall require that the clerk hand to each juror a separate piece of paper containing the name of the juror and the words "Is this your verdict?" Each juror shall write on the slip of paper the words "Yes" or "No" along with his signature. The clerk shall collect the slips of paper, make them available for inspection by the court and counsel, and record the results.
(2) If a sufficient number of jurors as required by law to reach a verdict answer "yes" the clerk shall so inform the court. Upon verification of the results, the court shall order the clerk to record the verdict and order the jury discharged. If an insufficient number required to find a verdict answer "Yes," the court may remand the jury for further deliberation, or the court may declare a mistrial in accordance with Article 775. The polling slips may be placed under seal upon order of the court, which shall state the specific reasons for placing the polling slips under seal. If so ordered the polling slips shall not be released to the public without a subsequent order of the court authorizing their release. If the court orders the release of the polling slips, the names of the jurors shall be redacted.
Amended by Acts 1975, No. 475, §1; Acts 2018, No. 335, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 815. Responsive verdicts; in general

Art. 815. Responsive verdicts; in general
In all cases not provided for in Article 814, the following verdicts are responsive:
(1) Guilty;
(2) Guilty of a lesser and included grade of the offense even though the offense charged is a felony, and the lesser offense a misdemeanor; or
(3) Not Guilty.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 817. Qualifying verdicts

Art. 817. Qualifying verdicts
A. Except as provided in Paragraph B of this Article, any qualification of or addition to a verdict of guilty, beyond a specification of the offense as to which the verdict is found, is without effect upon the finding.
B. Notwithstanding any other provision of law to the contrary, in addition to a specification of the offense as to which the verdict is found pursuant to Paragraph A of this Article, any fact that increases the maximum or mandatory minimum penalty for a crime, other than the fact of a prior conviction, may be submitted to the jury, and the verdict may include a specific finding of fact as to that issue.
Amended by Acts 1972, No. 502, §1; Acts 1973, No. 125, §1; Acts 2019, No. 326, §1, eff. June 11, 2019.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 821. Motion for post verdict judgment of acquittal

Art. 821. Motion for post verdict judgment of acquittal
A. The defendant may move for a post verdict judgment of acquittal following the verdict. A motion for a post verdict judgment of acquittal must be made and disposed of before sentence.
B. A post verdict judgment of acquittal shall be granted only if the court finds that the evidence, viewed in a light most favorable to the state, does not reasonably permit a finding of guilty.
C. If the court finds that the evidence, viewed in a light most favorable to the state, supports only a conviction of a lesser included responsive offense, the court, in lieu of granting a post verdict judgment of acquittal, may modify the verdict and render a judgment of conviction on the lesser included responsive offense.
D. If a post verdict judgment of acquittal is granted or if a verdict is modified, the state may seek review by invoking the supervisory jurisdiction of or by appealing to the appropriate appellate court.
E. If the appellate court finds that the evidence, viewed in a light most favorable to the state, supports only a conviction of a lesser included responsive offense, the court, in lieu of granting a post verdict judgment of acquittal, may modify the verdict and render a judgment of conviction on the lesser included responsive offense.
Added by Acts 1982, No. 144, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 822. Motion for amending or modifying sentence

Art. 822. Motion for amending or modifying sentence
A.(1) Should the court on its own motion or on motion of the defendant consider setting aside a guilty verdict or a plea of guilty or, after the sentence is imposed, consider amending or modifying the sentence imposed, the district attorney shall be notified and the motion shall be tried contradictorily with the district attorney unless the district attorney waives such contradictory hearing.
(2) Such motions include but are not limited to motions for a new trial, motions in arrest of judgment, motions for amendment, modification, or reconsideration of sentence, and motions for modification of conditions of probation or termination of probation.
B. Additionally, if at any time after sentence is imposed, the defendant seeks the production of all or any portion of the district attorney's file in a criminal proceeding, the request for production shall be presented by written motion, which shall be tried contradictorily with the district attorney.
C. Each motion to set aside a guilty verdict or plea of guilty and each motion to amend or modify a sentence imposed shall be filed, considered, and decided in compliance with Code of Criminal Procedure Articles 881 and 881.1.
Acts 1997, No. 1321, §1; Acts 2001, No. 937, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 831. Presence of defendant when prosecution is for felony

TITLE XXVII. PRESENCE OF DEFENDENT
Art. 831. Presence of defendant; felony prosecution
A. Except as may be provided by local rules of court in accordance with Articles 522, 551, and 562, a defendant charged with a felony shall be present at all of the following:
(1) At arraignment.
(2) When a plea of guilty, not guilty, or not guilty and not guilty by reason of insanity is made.
(3) At the calling, examination, challenging, impaneling, and swearing of the jury, and at any subsequent proceedings for the discharge of the jury or of a juror.
(4) At all times during the trial when the court is determining and ruling on the admissibility of evidence.
(5) In trials by jury, at all proceedings when the jury is present, and in trials without a jury, at all times when evidence is being adduced.
(6) At the rendition of the verdict or judgment, unless he voluntarily absents himself.
B. Repealed by Acts 2020, No. 160, §2.
Acts 1990, No. 543, §1; Acts 1990, No. 593, §1; Acts 1997, No. 1015, §1; Acts 2017, No. 406, §1; Acts 2020, No. 160, §2.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 832. Continued presence not required

Art. 832. Continued presence not required
A. A defendant initially present for the commencement of trial shall not prevent the further progress of the trial, including the return of the verdict, and shall be considered to have waived his right to be present if his counsel is present or if the right to counsel has been waived and either of the following occur:
(1) He voluntarily absents himself after the trial has commenced, whether or not he has been informed by the court of his obligation to be present during the trial.
(2) After being warned by the court that disruptive conduct will cause him to be removed from the courtroom, he persists in conduct which justifies his exclusion from the courtroom.
B. Repealed by Acts 2020, No. 160, §2.
Acts 1990, No. 543, §1; Acts 1990, No. 593, §1; Acts 1997, No. 718, §1; Acts 2017, No. 406, §1; Acts 2020, No. 160, §2.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 833. Presence of defendant; misdemeanor prosecution

Art. 833. Presence of defendant; misdemeanor prosecution
A. The court may permit an unrepresented or pro se defendant charged with a misdemeanor to be arraigned, enter his plea of guilty, or be tried, in his absence.
B.(1) A plea of not guilty of a misdemeanor may be allowed to be entered through counsel of record.
(2) A plea of not guilty of a misdemeanor shall be allowed to be entered through counsel of record in the absence of the defendant by the filing of a sworn affidavit in advance of the scheduled arraignment date.
C. The sworn affidavit referenced in Subparagraph (B)(2) of this Article shall include the caption of the case and summons number, citation number or docket number as applicable, and state as follows:
AFFIDAVIT ACCEPTING SERVICE AND
WAIVER OF PRESENCE
BEFORE ME, the undersigned authority, did personally come and appear, ____________(CLIENT'S NAME), who after being duly sworn did depose and say:
1.
Affiant acknowledges that he is the defendant in the above captioned criminal matter; that he is aware of all charges pending against him in this matter and that he has retained the services of ____________ (ATTORNEY(S) or LAW FIRM) to represent him in these proceedings;
2.
Affiant is aware that he is scheduled to be in court on the ______ day of ______, 20__ at ___ o'clock and that he has the right to be present on that day but expressly wishes to waive this right and to have his legal counsel appear on his behalf;
3.
Affiant is aware that in his absence, additional court dates could be scheduled in these proceedings and he hereby appoints his above named legal counsel as his agent(s) to accept service of notice to appear for those dates on his behalf, that he accepts service of those dates through his counsel and that he expressly waives his appearance for those dates and authorizes his counsel to appear on his behalf;4.
Affiant understands that the court, in its sole discretion, may revoke its acceptance of this waiver and require that affiant personally appear in open court on subsequent court dates; that his counsel will also be notified; that a notice of appearance will be mailed to affiant at his address of record and that affiant's failure to appear at the subsequent court date could result in the issuance of an arrest warrant, a revocation of appearance bond and/or is punishable as contempt of court;
5.
Finally, Affiant acknowledges that his current address is: _______________(Street, Apt/Lot No, City, State and Zip Code); and authorizes the court to use this address for all notices, unless changed in writing by affiant.
____________________________________
Affiant
SWORN TO AND SUBSCRIBED BEFORE ME, notary, this ____ day of ______, 20__.
____________________________________
NOTARY PUBLIC
Acts 1990, No. 543, §1; Acts 1990, No. 593, §1; Acts 1997, No. 1015, §1; Acts 2017, No. 406, §1; Acts 2020, No. 160, §2; Acts 2021, No. 235, §1; Acts 2022, No. 446, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 834. When presence of defendant not necessary

Art. 834. When presence of defendant not necessary
The defendant has a right to be present, but his presence is not essential to the validity of any of the following proceedings in a criminal prosecution:
(1) The making, hearing of, or ruling on a preliminary motion or application addressed to the court;
(2) The making, hearing of, or ruling on a motion or application addressed to the court during the trial when the jury is not present; except as provided in Clause (4) of Article 831; and
(3) The making, hearing of, or ruling on a motion or application made after his conviction.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 835. Presence of defendant at pronouncement of sentence

Art. 835. Presence of defendant at pronouncement of sentence
A. Except as provided in Paragraph B of this Article, in felony cases the defendant shall always be present when sentence is pronounced and, in misdemeanor cases, the defendant shall be present when sentence is pronounced unless excused by the court. If a sentence is improperly pronounced in the defendant's absence, he shall be resentenced when his presence is secured.
B. Nothing in this Article prohibits the court, by local rule, from providing for a defendant's appearance at the pronouncement of sentence by simultaneous audio-visual transmission in accordance with the provisions of Article 562.
Amended by Acts 2020, No. 160, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 841. Bill of exceptions unnecessary; objections required

TITLE XXVIII
BILL OF EXCEPTIONS
Art. 841. Bill of exceptions unnecessary; objections required
A. An irregularity or error cannot be availed of after verdict unless it was objected to at the time of occurrence. A bill of exceptions to rulings or orders is unnecessary. It is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take, or of his objections to the action of the court, and the grounds therefor.
B. The requirement of an objection shall not apply to the court's ruling on any written motion.
C. The necessity for and specificity of evidentiary objections are governed by the Louisiana Code of Evidence.
Amended by Acts 1974, No. 207, §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. 842. Codefendants; presumption as to objections

Art. 842. Codefendants; presumption as to objections
If an objection has been made when more than one defendant is on trial, it shall be presumed, unless the contrary appears, that the objection has been made by all the defendants.
Amended by Acts 1974, No. 207, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 843. Recording of proceedings

Art. 843. Recording of proceedings
In felony cases, in cases involving violation of an ordinance enacted pursuant to R.S. 14:143(B), and on motion of the court, the state, or the defendant in other misdemeanor cases tried in a district, parish, or city court, the clerk or court stenographer shall record all of the proceedings, including the examination of prospective jurors, the testimony of witnesses, statements, rulings, orders, and charges by the court, and objections, questions, statements, and arguments of counsel.
Amended by Acts 1974, No. 207, §1; Acts 1975, No. 118, §1, eff. July 7, 1975; Acts 2001, No. 944, §3.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 844. Assignment of errors; sanctions for failure to file timely

Art. 844. Assignment of errors; sanctions for failure to file timely
A. The party appealing shall file with the appellate court a written designation of those errors which are to be urged on appeal and furnish a copy to the trial judge and all counsel. This assignment of errors shall be filed in accordance with the uniform rules of the appropriate appellate court.
B. If the appellant fails to comply with these provisions and fails to secure an extension in accordance with Article 916(1), the trial judge on his own motion or motion of the clerk or any party or upon referral by the appellate court and after hearing shall either:
(1) Extend the time within which the assignment of errors shall be filed.
(2) Impose a fine not to exceed five hundred dollars upon the appellant or his attorney or both if the failure is found by the court to be arbitrary and capricious.
C. If the record is not lodged in the appellate court within sixty days after the motion for the appeal is made or within the extended time granted by the proper court or if the record is lodged in the appellate court without an assignment of errors, the appellate court may adjudge the appellant, his attorney, or both guilty of contempt of court and impose a punishment authorized by law.
D. The trial judge may submit such per curiam comments as he desires.
Amended by Acts 1974, No. 207, §1; Acts 1980, No. 537, §1; Acts 1981, No. 296, §1; Acts 1984, No. 527, §1; Acts 1997, No. 642, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 851. Grounds for new trial

TITLE XXIX
MOTIONS FOR NEW TRIAL AND IN ARREST OF JUDGMENT
CHAPTER 1. MOTION FOR NEW TRIAL
Art. 851. Grounds for new trial
A. The motion for a new trial is based on the supposition that injustice has been done the defendant, and, unless such is shown to have been the case the motion shall be denied, no matter upon what allegations it is grounded.
B. The court, on motion of the defendant, shall grant a new trial whenever any of the following occur:
(1) The verdict is contrary to the law and the evidence.
(2) The court's ruling on a written motion, or an objection made during the proceedings, shows prejudicial error.
(3) New and material evidence that, notwithstanding the exercise of reasonable diligence by the defendant, was not discovered before or during the trial, is available, and if the evidence had been introduced at the trial it would probably have changed the verdict or judgment of guilty.
(4) The defendant has discovered, since the verdict or judgment of guilty, a prejudicial error or defect in the proceedings that, notwithstanding the exercise of reasonable diligence by the defendant, was not discovered before the verdict or judgment.
(5) The court is of the opinion that the ends of justice would be served by the granting of a new trial, although the defendant may not be entitled to a new trial as a matter of strict legal right.
(6) The defendant is a victim of human trafficking or trafficking of children for sexual purposes and the acts for which the defendant was convicted were committed by the defendant as a direct result of being a victim of the trafficking activity.
Amended by Acts 1974, No. 207, §1; Acts 2014, No. 564, §6.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 853. Time for filing motion for new trial

Art. 853. Time for filing motion for new trial
A. Except as otherwise provided by this Article, a motion for a new trial must be filed and disposed of before sentence. The court, on motion of the defendant and for good cause shown, may postpone the imposition of sentence for a specified period in order to give the defendant additional time to prepare and file a motion for a new trial.
B. When the motion for a new trial is based on Article 851(B)(3) of this Code, the motion may be filed within one year after verdict or judgment of the trial court, although a sentence has been imposed or a motion for a new trial has been previously filed. However, if an appeal is pending, the court may hear the motion only on remand of the case.
C. When the motion for a new trial is based on Article 851(B)(6) of this Code, the motion may be filed within three years after the verdict or judgment of the trial court, although a sentence has been imposed or a motion for new trial has been previously filed. However, if an appeal is pending, the court may hear the motion only on remand of the case.
Acts 2014, No. 564, §6.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 854. Newly discovered evidence; necessary allegations

Art. 854. Newly discovered evidence; necessary allegations
A motion for a new trial based on ground (3) of Article 851 shall contain allegations of fact, sworn to by the defendant or his counsel, showing:
(1) That notwithstanding the exercise of reasonable diligence by the defendant, the new evidence was not discovered before or during the trial;
(2) The names of the witnesses who will testify and a concise statement of the newly discovered evidence;
(3) The facts which the witnesses or evidence will establish; and
(4) That the witnesses or evidence are not beyond the process of the court, or are otherwise available.
The newly discovered whereabouts or residence of a witness do not constitute newly discovered evidence.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 855. Errors discovered after verdict or judgment of guilty; necessary allegations

Art. 855. Errors discovered after verdict or judgment of guilty; necessary allegations
A motion for a new trial based on ground (4) of Article 851 shall contain allegations of fact sworn to by the defendant or his counsel, showing:
(1) The specific nature of the error or defect complained of; and
(2) That, notwithstanding the exercise of reasonable diligence by the defense, the error or defect was not discovered before or during the trial.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 855.1. Conviction based on acts committed as a victim of trafficking

Art. 855.1. Conviction based on acts committed as a victim of trafficking
A motion for new trial based on Article 851(B)(6) of this Code shall be available only to persons convicted of violating R.S. 14:82, 83.3, 83.4, 89, or 89.2 prior to August 1, 2014, and shall contain allegations of fact sworn to by the defendant or counsel of the defendant, showing that the defendant was convicted of the offense which was committed as a direct result of being a victim of human trafficking or trafficking of children for sexual purposes, or a victim of an offense which would constitute human trafficking or trafficking of children for sexual purposes regardless of the date of conviction. The motion shall provide information showing a rational and causal connection between the acts for which the defendant was convicted and the acts upon which the defendant bases his status as a victim.
Acts 2014, No. 564, §6.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 856. Motion to urge all available grounds; exceptions

Art. 856. Motion to urge all available grounds; exceptions
A motion for a new trial shall urge all grounds known and available to the defendant at the time of the filing of the motion. However, the court may permit the defendant to supplement his original motion by urging an additional ground, or may permit the defendant to file an additional motion for a new trial, prior to the court's ruling on the motion.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 859. Grounds for arrest of judgment

CHAPTER 2. MOTION IN ARREST OF JUDGMENT
Art. 859. Grounds for arrest of judgment
The court shall arrest the judgment only on one or more of the following grounds:
(1) The indictment is substantially defective, in that an essential averment is omitted;
(2) The offense charged is not punishable under a valid statute;
(3) The court is without jurisdiction of the case;
(4) The tribunal that tried the case did not conform with the requirements of Articles 779, 780 and 782 of this code;
(5) The verdict is not responsive to the indictment, or is otherwise so defective that it will not form the basis of a valid judgment;
(6) Double jeopardy, if not previously urged; or
(7) The prosecution was not timely instituted, if not previously urged.
(8) The prosecution was for a capital offense or for an offense punishable by life imprisonment, but was not instituted by a grand jury indictment.
Improper venue may not be urged by a motion in arrest of judgment.
Amended by Acts 1968, No. 145, §1; Acts 1974, Ex.Sess., No. 26, §1, eff. Jan. 1, 1975.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 862. Effect of sustaining motion in arrest of judgment

Art. 862. Effect of sustaining motion in arrest of judgment
If the judgment is arrested because of a defect in the indictment, the indictment shall be dismissed and the defendant shall be discharged as to that indictment. However, a new indictment may be filed within the time limitation stated in Article 576.
If the judgment is arrested because the court is without jurisdiction of the case, the defendant shall be discharged, but may be tried by a court of proper jurisdiction.
If the judgment is arrested because the wrong type of tribunal tried the case, or because the verdict is not responsive to the indictment or is otherwise fatally defective, the defendant shall be remanded to custody or bail to await a new trial.
If the judgment is arrested on any other ground, the defendant shall be discharged.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 871. Sentence defined; pronouncing and recording of sentence; certification of conviction

TITLE XXX. SENTENCE
CHAPTER 1. GENERAL SENTENCING PROVISIONS
Art. 871. Sentence defined; pronouncing and recording of sentence; certification of conviction
A. A sentence is the penalty imposed by the court on a defendant upon a plea of guilty, upon a verdict of guilty, or upon a judgment of guilt. Sentence shall be pronounced orally in open court and recorded in the minutes of the court.
B.(1)(a) In every judgment of guilty of a felony or of one of the misdemeanors enumerated in Subparagraph (2) of this Paragraph, the sheriff shall cause to be attached to the bill of information or indictment the fingerprints of the defendant against whom such judgment is rendered.
(b)(i) Beneath such fingerprints shall be appended a certificate to the following effect:
"I hereby certify that the above and foregoing fingerprints on this bill are the fingerprints of the defendant, and that they were placed thereon by said defendant this ______ day of ______, ______."
(ii) The certificate shall be signed by the sheriff or other law enforcement officer who has custody of the defendant.
(2) In addition to judgments of guilty of a felony, the sheriff shall cause the fingerprints of the defendant to be so attached for every judgment of guilty of the following misdemeanors:
(a) First or second offense operating a vehicle while intoxicated in violation of R.S. 14:98.
(b) First offense possession of marijuana, tetrahydrocannabinol, or chemical derivatives thereof, pursuant to a sentence imposed under R.S. 40:966(D)(1).
(c) A first or second offense involving drug paraphernalia pursuant to a sentence imposed under R.S. 40:1035(A) and (B).
(d) First or second offense theft pursuant to a sentence imposed under R.S. 14:67(B)(3) and first or second offense theft of goods pursuant to a sentence imposed under R.S. 14:67.10(B)(3).
(e) First offense prostitution pursuant to a sentence imposed under R.S. 14:82(B)(1).
(f) First or second offense of domestic abuse battery in violation of R.S. 14:35.3.
(g) First offense of failure to pay a child support obligation in violation of R.S. 14:75.
(h) A conviction for violation of protective orders (R.S. 14:79).
C. The certificate required by Paragraph B of this Article shall be admissible in evidence in the courts of this state as prima facie evidence that the fingerprints appearing thereon are the fingerprints of the defendant against whom the judgment of guilty of a felony or one of the enumerated misdemeanors was rendered.
Amended by Acts 1978, No. 302, §1; Acts 1979, No. 297, §1; Acts 1997, No. 852, §1; Acts 2003, No. 311, §1; Acts 2010, No. 513, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 871.1. Sentencing orders to be sent to Louisiana Protective Order Registry

Art. 871.1. Sentencing orders to be sent to Louisiana Protective Order Registry
If part of the sentence contains an order for the purpose of preventing violent or threatening acts or harassment against, contact or communication with, or physical proximity to, another person in order to prevent domestic abuse or dating violence, the judge shall cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), shall sign such order, and shall immediately forward it to the clerk of court for filing on the day that the order is issued. The clerk of the issuing court shall transmit the Uniform Abuse Prevention Order to the Judicial Administrator's Office, Louisiana Supreme Court, for entry into the Louisiana Protective Order Registry, as provided in R.S. 46:2136.2(A), by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court. The clerk of the issuing court shall also send a copy of the Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), or any modification thereof, to the chief law enforcement officer of the parish where the person or persons protected by the order reside by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court. A copy of the Uniform Abuse Prevention Order shall be retained on file in the office of the chief law enforcement officer until otherwise directed by the court.
Acts 1997, No. 1156, §3; Acts 2003, No. 750, §2; Acts 2014, No. 317, §6.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 871.2. Presentence inquiry of veteran status

Art. 871.2. Presentence inquiry of veteran status
Prior to the imposition of a sentence, the court may inquire and receive response, orally or in writing, whether the convicted defendant is currently serving in or is a veteran of the armed forces of the United States. If the convicted defendant is currently serving in the military or is a veteran, the court may order a presentence investigation pursuant to Article 875(F) to determine whether military and veteran resources are available.
Acts 2013, No. 29, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 873. Delay between conviction and sentence

Art. 873. Delay between conviction and sentence
If a defendant is convicted of a felony, at least three days shall elapse between conviction and sentence. If a motion for a new trial, or in arrest of judgment, is filed, sentence shall not be imposed until at least twenty-four hours after the motion is overruled. If the defendant expressly waives a delay provided for in this article or pleads guilty, sentence may be imposed immediately.