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2023 Louisiana Laws › Code of Criminal Procedure › Art. 213. Arrest by officer without warrant; when lawful

Art. 213. Arrest by officer without warrant; when lawful
A. A peace officer may, without a warrant, arrest a person when any of the following occur:
(1) The person to be arrested has committed an offense in his presence, and if the arrest is for a misdemeanor, it must be made immediately or on close pursuit.
(2) The person to be arrested has committed a felony, although not in the presence of the officer.
(3) The peace officer has reasonable cause to believe that the person to be arrested has committed an offense, although not in the presence of the officer.
(4) The peace officer has received positive and reliable information that another peace officer from this state holds an arrest warrant, or a peace officer of another state or the United States holds an arrest warrant for a felony offense.
B. A peace officer making an arrest pursuant to this Article who is in close pursuit of the person to be arrested may enter another jurisdiction in this state and make the arrest.
C. Notwithstanding any other provisions of law to the contrary, no magistrate shall have the authority to issue a warrant of arrest for a school employee, as defined by R.S. 17:16(G), for any misdemeanor act allegedly committed on school premises or at a school-sanctioned event during the course and scope of the school employee's employment. In all such instances, a summons shall be issued to the school employee pursuant to Article 209 of this Code.
D.(1) Except as provided in Paragraph (2) of this Subsection, and notwithstanding any other provision of law to the contrary, no peace officer shall have the authority to arrest a school employee, as defined by R.S. 17:16(G), for any misdemeanor allegedly committed upon a student during the course and scope of the school employee's employment regardless whether the act is alleged to have occurred on or off the school campus. In all such instances, a summons shall be issued to the school employee pursuant to Article 209 of this Code.
(2) A peace officer may arrest a school employee as defined in R.S. 17:16(G) and as provided in Subsection A of this Section in either of the following instances:
(a) The peace officer personally witnesses an alleged violation of R.S. 14:35 committed upon a student by a school employee, whether on or off campus.
(b) The peace officer receives a complaint of an alleged violation of R.S. 14:35 committed upon a student by a school employee, whether alleged to have occurred on or off campus, and there is physical evidence of a resulting injury to the student which is personally witnessed by the officer.
Amended by Acts 1972, No. 646, §1; Acts 1981, No. 613, §1; Acts 2014, No. 670, §1, eff. June 18, 2014; Acts 2014, No. 723, §1, eff. June 18, 2014.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 215.1. Temporary questioning of persons in public places; frisk and search for weapons

Art. 215.1. Temporary questioning of persons in public places; frisk and search for weapons
A. A law enforcement officer may stop a person in a public place whom he reasonably suspects is committing, has committed, or is about to commit an offense and may demand of him his name, address, and an explanation of his actions.
B. When a law enforcement officer has stopped a person for questioning pursuant to this Article and reasonably suspects that he is in danger, he may frisk the outer clothing of such person for a dangerous weapon. If the law enforcement officer reasonably suspects the person possesses a dangerous weapon, he may search the person.
C. If the law enforcement officer finds a dangerous weapon, he may take and keep it until the completion of the questioning, at which time he shall either return it, if lawfully possessed, or arrest such person.
D. During detention of an alleged violator of any provision of the motor vehicle laws of this state, an officer may not detain a motorist for a period of time longer than reasonably necessary to complete the investigation of the violation and issuance of a citation for the violation, absent reasonable suspicion of additional criminal activity. However, nothing herein shall prohibit a peace officer from compelling or instructing the motorist to comply with administrative or other legal requirements of Title 32 or Title 47 of the Louisiana Revised Statutes of 1950.
Added by Acts 1968, No. 305, §1. Amended by Acts 1982, No. 686, §1; Acts 1983, 1st Ex. Sess., No. 32, §1; Acts 1997, No. 759, §3, eff. July 10, 1997.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 215.2. Detaining of persons on premises of correctional institution for questioning about contraband; detention for arrest

Art. 215.2. Detaining of persons on premises of correctional institution for questioning about contraband; detention for arrest
A. A specifically authorized employee of a correctional institution may use reasonable force to detain a person for questioning on the premises of a correctional institution for a length of time not to exceed one hour, when he has reasonable cause to believe that the person is carrying contraband as defined in R.S. 14:402(D).
B. The specifically authorized employee, when he has reasonable cause to believe that the person is carrying contraband as defined in R.S. 14:402(D), may also detain such a person for arrest by a peace officer or for the procurement of a search warrant. The detention shall not constitute an arrest.
Added by Acts 1984, No. 236, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 217. Method of arrest by officer under warrant

Art. 217. Method of arrest by officer under warrant
A peace officer, when making an arrest by virtue of a warrant, shall inform the person to be arrested of his authority and of the fact that a warrant has been issued for his arrest, unless he flees or forcibly resists before the officer has an opportunity to inform him, or unless the giving of such information would imperil the arrest. The officer need not have the warrant in his possession at the time of the arrest, but after the arrest, if the person arrested so requests, the warrant shall be shown to him as soon as practicable.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 218. Method of arrest without warrant

Art. 218. Method of arrest without warrant
A peace officer, when making an arrest without a warrant, shall inform the person to be arrested of his intention to arrest him, of his authority, and of the cause of the arrest. A private person, when making an arrest, shall inform the person to be arrested of his intention to arrest him and of the cause of the arrest.
The officer or private person making the arrest need not so inform the person to be arrested if the person is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the officer or person making the arrest has an opportunity to so inform him, or when the giving of the information would imperil the arrest.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 218.1. Advice of reasons for arrest or detention and of rights

Art. 218.1. Advice of reasons for arrest or detention and of rights
When any person has been arrested or detained in connection with the investigation or commission of any offense, he shall be advised fully of the reason for his arrest or detention, his right to remain silent, his right against self incrimination, his right to the assistance of counsel and, if indigent, his right to court appointed counsel.
Added by Acts 1974, Ex.Sess., No. 27, §1, eff. Jan. 1, 1975.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 223. Identification of minor or dependent children upon arrest; required inquiry; guidelines

Art. 223. Identification of minor or dependent children upon arrest; required inquiry; guidelines
A. A state or local law enforcement officer who arrests a person shall, at the time of the arrest, do all of the following if practicable:
(1) Inquire whether the person is a parent or guardian of a minor or dependent child under the care, custody, or control of the arrested person at the time of the arrest, who may be at risk as a result of the arrest.
(2) Ascertain whether a child is present, relying on all available information including any information received from emergency call operators and any indications at the scene of arrest that a child may be present or at another location.
(3) Permit an arrested person a reasonable opportunity, including providing access to telephone numbers stored in a mobile telephone or other location, to make alternate arrangements for the care of a child under his care, custody, or control, including a child who is not present at the scene of the arrest, and to provide a partner organization with contact information of a preferred alternate caregiver.
(4) Provide an arrested person the opportunity to speak with a child who is present, prior to such caregiver being transported to a police facility. If such an opportunity is not practicable, having a police officer explain to such child, using age appropriate language, that such child did nothing wrong and that the child will be safe and cared for.
(5) Make reasonable efforts to ensure the safety of minor or dependent children at risk as a result of an arrest in accordance with guidelines established pursuant to R.S. 40:2405.9.
B. Law enforcement officers are not required to adhere to the guidelines of Paragraph A of this Article if any of the following circumstances are present:
(1) The arrested caregiver presents a threat of serious bodily injury or death to himself, others, or the law enforcement officer.
(2) The arrested caregiver is in the act of committing a crime of violence as defined in R.S. 14:2(B).
(3) The law enforcement officer has exercised due diligence, based on all available information, and ascertains that no minor children are under the arrested person's care, custody, or control.
Acts 2021, No. 126, §2.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 224. Forcible entry in making arrest

Art. 224. Forcible entry in making arrest
In order to make an arrest, a peace officer, who has announced his authority and purpose, may break open an outer or inner door or window of any vehicle, watercraft, aircraft, dwelling or other structure, movable or immovable, where the person to be arrested is or is reasonably believed to be, if he is refused or otherwise obstructed from admittance. The peace officer need not announce his authority and purpose when to do so would imperil the arrest.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 225. Duty of peace officer as to weapons and incriminating articles

Art. 225. Duty of peace officer as to weapons and incriminating articles
A peace officer making an arrest shall take from the person arrested all weapons and incriminating articles which he may have about his person. He shall deliver these articles and all other evidence seized incidental to the arrest to the sheriff, chief of police, or other officer before whom the person arrested is taken.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 227.1. Prevention of escape; use of force

Art. 227.1. Prevention of escape; use of force
A guard or other law enforcement officer is justified in the reasonable use of force, to prevent the escape from a state correctional facility, parish prison, or the physical custody of a guard or other law enforcement officer of a person under sentence or awaiting trial.
Acts 1985, No. 792, §1; Acts 1987, No. 790, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 228. Booking of arrested person, submission of booking information summary

Art. 228. Booking of arrested person, submission of booking information summary
A. It is the duty of every peace officer making an arrest, or having an arrested person in his custody, promptly to conduct the person arrested to the nearest jail or police station and cause him to be booked.
B. A person is booked by an entry, in a book kept for that purpose, showing his name and address, a list of any property taken from him, the date and time of booking, and the submission of a booking information summary as provided for in Paragraph C of this Article to the person making the entry in the police or jail book. Every jail and police station shall keep a book for the listing of the above information as to each prisoner received. The book and booking information summaries shall always be open for public inspection. The person booked shall be imprisoned unless he is released on bail.
C.(1) At the time of booking, the peace officer causing the arrested person to be booked shall deliver to the person at the jail or police station who accepts custody of the arrestee a booking information summary which shall include at least the following information:
(a) The proper legal name of the arrestee, if known.
(b) The charge or charges upon which the person was arrested and the name of the person making the arrest.
(c) A short recitation of the facts or events which caused the defendant to be arrested.
(d) The names of all other persons arrested as a result of the same events or facts.
(2) If the peace officer presenting an arrestee for booking is unable to submit a complete booking information summary, he shall provide the person receiving custody of the arrestee a written statement or form, explaining why a complete booking information summary cannot be presented.
Acts 1992, No. 672, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 228.1. Disposal of property of prisoners; Orleans Parish

Art. 228.1. Disposal of property of prisoners; Orleans Parish
Any property taken from a prisoner in any of the penal institutions under the jurisdiction of the criminal sheriff for the parish of Orleans shall, after 90 days from the release of said prisoner, be disposed of in the following manner:
(1) There shall be notice of the sheriff's right to dispose of the property in ninety days on the entry of the list of property made at the time the person is incarcerated. Provided however, this provision shall not apply to property in possession of the sheriff at the effective date of this Act.
(2) After the passage of ninety days from the release of the prisoner, and providing the property is not needed for any legal reason by the sheriff, and it remains unclaimed, the criminal sheriff of Orleans Parish may petition the Criminal District Court for the parish of Orleans or any court of proper jurisdiction for the disposal of said property in any lawful manner, at his discretion.
(3) Before the criminal sheriff petitions said court he shall cause an advertisement of his intention to seek approval of the court to be placed in the newspaper designated as the official journal of the city of New Orleans one time at least ten days prior to filing of his petition. In the petition for disposal the sheriff shall set forth a brief description of the items to be disposed of, the court in which the proceedings will be filed, the title of the proceedings, and method or methods of intended disposal.
(4) The petition of the sheriff shall make specific recommendations as to the method of disposal for each item of unclaimed property and pray for the court to order its disposal.
(5) The court shall order the property disposed of in the manner contained in the sheriff's petition or order the disposal of the property in any legal manner within the sole discretion of the court.
(6) The costs of the proceeding to dispose of unclaimed property shall be derived from the disposal of the property as provided under this Article.
(7) Any funds remaining after payment of the cost of the proceedings to dispose of unclaimed property shall be deposited in the criminal court fund account which shall be used in defraying the expenses of the criminal district courts of Orleans Parish.
Added by Acts 1974, No. 285, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 228.3. Disposal of unclaimed property seized in any criminal investigation; Orleans Parish excepted

Art. 228.3. Disposal of unclaimed property seized in any criminal investigation; Orleans Parish excepted
Any unclaimed property seized in connection with any criminal investigation under the jurisdiction of any sheriff, Orleans excepted, shall, if it remains unclaimed for more than one year after its use or from the time it was last used in connection with any criminal proceeding, be disposed of in the following manner:
(1) After the lapse of one year any sheriff may petition the court having proper jurisdiction for the disposal of said property in any lawful manner.
(2) Before any sheriff petitions said court he shall cause an advertisement of his intention to seek approval of the court to be placed in the newspaper designated as the official journal of the parish one time at least ten days prior to filing of his petition, and shall mail a copy of the advertisement to the last known owner at his last known address, postage prepaid. In the petition for disposal the sheriff shall set forth a brief description of the items to be disposed of, the court in which the proceedings will be filed, the title of the proceedings, and method or methods of intended disposal.
(3) The petition of the sheriff shall make specific recommendations as to the method of disposal for each item of unclaimed property and pray for the court to order its disposal.
(4) The court shall order the property disposed of in the manner contained in the sheriff's petition or order the disposal of the property in any legal manner within the sole discretion of the court.
(5) The costs of the proceedings to dispose of unclaimed property shall be derived from the disposal of the property as provided under this Article.
(6) Any funds remaining after payment of the cost of the proceedings to dispose of unclaimed property shall be deposited in the sheriff's salary fund.
Added by Acts 1975, No. 545, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 229. Duties of officer in charge

Art. 229. Duties of officer in charge
The officer in charge of the jail or police station shall immediately inform the prisoner booked:
(1) Of the charge against him;
(2) Of his rights to communicate with and procure counsel; and
(3) Of his right to request a preliminary examination when he is charged with a felony.
The officer in charge shall, within forty-eight hours from the time of the booking, notify the district attorney in writing of all persons booked for violation of state statutes, and shall furnish without cost a certified copy of any booking entry to any person requesting it.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 230.1. Maximum time for appearance before judge for the purpose of appointment of counsel; court discretion to fix bail at the appearance; extension of time limit for cause; effect of failure of appearance

Art. 230.1. Maximum time for appearance before judge for the purpose of appointment of counsel; court discretion to fix bail at the appearance; extension of time limit for cause; effect of failure of appearance
A. The sheriff or law enforcement officer having custody of an arrested person shall bring him promptly, and in any case within seventy-two hours from the time of the arrest, before a judge for the purpose of appointment of counsel. Saturdays, Sundays, and legal holidays shall be excluded in computing the seventy-two-hour period referred to herein. The defendant shall appear in person unless the court by local rule provides for such appearance by telephone or audio-video electronic equipment. However, upon a showing that the defendant is incapacitated, unconscious, or otherwise physically or mentally unable to appear in court within seventy-two hours, then the defendant's presence is waived by law, and a judge shall appoint counsel to represent the defendant within seventy-two hours from the time of arrest.
B. At this appearance, if a defendant has the right to have the court appoint counsel to defend him, the court shall assign counsel to the defendant. The court may also, in its discretion, determine or review a prior determination of the amount of bail.
C. If the arrested person is not brought before a judge in accordance with the provisions of Paragraph A of this Article, he shall be released on his own recognizance.
D. The failure of the sheriff or law enforcement officer to comply with the requirements herein shall have no effect whatsoever upon the validity of the proceedings thereafter against the defendant.
Added by Acts 1972, No. 700, §1. Amended by Acts 1977, No. 395, §1; Acts 1984, No. 206, §1; Acts 1985, No. 955, §1; Acts 2006, No. 811, §1; Acts 2018, No. 129, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 230.2. Probable cause determinations; persons arrested without a warrant and continued in custody; bail

Art. 230.2. Probable cause determinations; persons arrested without a warrant and continued in custody; bail
A. A law enforcement officer effecting the arrest of a person without a warrant shall promptly complete an affidavit of probable cause supporting the arrest of the person and submit it to a magistrate. Persons continued or remaining in custody pursuant to an arrest made without a warrant shall be entitled to a determination of probable cause within forty-eight hours of arrest. The probable cause determination shall be made by a magistrate and shall not be an adversary proceeding. The determination may be made without the presence of the defendant and may be made upon affidavits or other written evidence, which may be transmitted to the magistrate by means of facsimile transmission or other electronic means. A magistrate's determination of probable cause hereunder shall not act as a waiver of a person's right to a preliminary examination pursuant to Article 292.
B.(1) If a probable cause determination is not timely made in accordance with the provisions of Paragraph A of this Article, the arrested person shall be released on his own recognizance.
(2) Nothing in this Paragraph shall preclude the defendant's rearrest and resetting of bond for the same offense or offenses upon the issuance of an arrest warrant based upon a finding of probable cause by a magistrate.
Acts 1992, No. 674, §1; Acts 2010, No. 260, §1; Acts 2011, No. 83, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 231. Close pursuit of person from another state; authority to arrest

Art. 231. Close pursuit of person from another state; authority to arrest
A. A state, county, or city peace officer of another state of the United States who enters this state in close pursuit of a person and continues within this state in close pursuit to arrest him on the ground that he is reasonably believed to have committed a felony in the other state, shall have the same authority to arrest and hold the person in custody as has a peace officer of this state to arrest and hold a person in custody on the ground that he is reasonably believed to have committed a felony in this state.
B. This Article shall not be construed so as to make unlawful any arrest in this state that would otherwise be lawful.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 232. Same; arrested person taken before judge for hearing

Art. 232. Same; arrested person taken before judge for hearing
An officer making an arrest under Article 231 shall, without unnecessary delay, take the person arrested before a judge of the parish in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the judge determines that the arrest was lawful he shall, subject to rights of bail as stated in Article 271, commit the person arrested to jail for a period of time, not exceeding thirty days, to await the issuance of an extradition warrant by the governor of this state. If the judge determines that the arrest was unlawful he shall discharge the person arrested.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 233. Electronic signature of offender; requirements

Art. 233. Electronic signature of offender; requirements
A. Law enforcement agencies are authorized to utilize the electronic signature of any offender. The signature may be captured by any generally accepted method or process of electronic signature capture, including the use of devices which capture and convert analog writing to electronic or digital form.
B. If any provision of law requires a signature or any record, bail undertaking, summons, or affidavit to be signed, acknowledged, verified, or made under oath by a criminal offender, the requirement is satisfied if the electronic signature of the offender, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
C. For purposes of this Section, "electronic signature" shall mean an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
Acts 2010, No. 583, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 251. Legislative intent

TITLE V-A. EYEWITNESS IDENTIFICATION PROCEDURES
Art. 251. Legislative intent
A. The legislature finds that police investigations are strengthened by the use of best practices for investigative procedures, which increase the ability of law enforcement to keep communities safe and apprehend those suspected of criminal activity, reduce erroneous eyewitness identifications, and enhance the reliability and objectivity of eyewitness identification.
B. The legislature further finds that policies and procedures to improve the accuracy of eyewitness identifications, such as those recommended by the Louisiana Sheriff's Executive Management Institute (LSEMI) and the Federal Bureau of Investigation, would help to ensure that the integrity of Louisiana criminal justice investigations is strengthened and enhanced so as to convict the guilty and protect the innocent.
Acts 2018, No. 466, §1, eff. May 23, 2018.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 252. Definitions

Art. 252. Definitions
For purposes of this Title:
(1) "Administrator" means the person conducting the photo or live lineup.
(2) "Blind" means conducted in such a way that the administrator does not know the identity of the suspect.
(3) "Blinded" means conducted in such a way that the administrator may know who the suspect is, but does not know which lineup member is being viewed by the eyewitness.
(4) "Criminal justice entity" means any government agency or subunit thereof, or private agency that, through statutory authorization or a legal formal agreement with a governmental unit or agency, has the power of investigation, arrest, detention, prosecution, adjudication, treatment, supervision, rehabilitation, or release of persons suspected, charged, or convicted of a crime.
(5) "Eyewitness" means a person who observes another person at or near the scene of an offense.
(6) "Filler" means either a person or a photograph of a person who is not suspected of an offense but is included in an identification procedure.
(7) "Folder shuffle method" means a blinded procedure in which the suspect photos and nonsuspect or filler photos are each placed in separate folders for a total of six photographs and shuffled together along with four blank folders and handed to the eyewitness one at a time so that the administrator cannot see which photograph the eyewitness is viewing.
(8) "Live lineup" means an identification procedure in which a group of persons, including the suspected perpetrator of an offense and other persons not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator.
(9) "Photo lineup" means an identification procedure in which an array of photographs, including a photograph of the suspected perpetrator of an offense and additional photographs of other persons not suspected of the offense, is displayed to an eyewitness either in hard copy form or via computer or similar device for the purpose of determining whether the eyewitness identifies the suspect as the perpetrator.
(10) "Suspect" means a person believed by law enforcement to be the possible perpetrator of an offense.
Acts 2018, No. 466, §1, eff. May 23, 2018.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 261. Special definitions

TITLE VI
EXTRADITION
Art. 261. Special definitions
In this Title:
(1) "Crime" means any offense denounced by a state statute and does not include an offense denounced by a local ordinance.
(2) "Governor" includes any person performing the functions of governor by authority of the law of this state.
(3) "Executive authority" includes the governor, and any person performing the functions of governor in a state other than this state.
(4) "Indictment" is limited in meaning to the finding of a grand jury.
(5) "Judge" means any judge of a district court with criminal jurisdiction.
(6) "State," when used with reference to a state other than this state, means any state or territory of the United States of America, and includes the District of Columbia.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 262. Extradition of wanted criminals

Art. 262. Extradition of wanted criminals
Subject to the provisions of this Title, it is the duty of the governor of this state to have arrested and delivered to the executive authority of any other state any person charged with any felony in that state, or wanted for sentencing or to serve sentence after conviction of a crime, who has fled from justice and who is found in this state.
Acts 2003, No. 1118, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 262.1. Extradition of persons not physically present in demanding state at the time of commission of crime

Art. 262.1. Extradition of persons not physically present in demanding state at the time of commission of crime
Subject to the provisions of this Title, the governor may, in his discretion, have arrested and delivered to the executive authority of any other state any person physically present in this state who commits an act which intentionally results in a criminal offense in the demanding state and who is thereafter charged with such offense even though such person was not physically present in that state at the time of the commission of the crime, and has not fled therefrom.
Acts 2003, No. 1118, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 263. Form of demand for extradition; necessary papers

Art. 263. Form of demand for extradition; necessary papers
A demand for the extradition of a person wanted in another state shall not be recognized by the governor unless the demand is in writing and states the purpose for which he is wanted. The demand must be accompanied by:
(1) A statement of facts by the prosecuting officer having jurisdiction of the crime, and by a copy of an indictment found or of an information filed in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereupon; or
(2) A copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation, parole, furlough, or reprieve.
The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of the indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 264. Investigation of demand by governor

Art. 264. Investigation of demand by governor
When a demand is made upon the governor of this state by the executive authority of another state for surrender of a person wanted by the other state, the governor may call upon the attorney general, a district attorney, or other official or agency in this state to investigate or assist in investigating the demand, and to report to him the situation of and circumstances surrounding the person so demanded, and whether or not he ought to be surrendered.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 265. Governor's warrant; issuance and recitals

Art. 265. Governor's warrant; issuance and recitals
If the governor decides that a demand for extradition should be complied with, he shall sign a warrant of arrest directed to any peace officer for execution. The warrant shall recite facts showing substantial compliance with Article 263, but an incomplete recital of facts shall not invalidate the warrant if a proper basis for its issuance exists.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 266. Governor's warrant; execution and recall

Art. 266. Governor's warrant; execution and recall
The governor's warrant authorizes any peace officer to arrest the accused at any time and at any place he may be found in the state. The peace officer shall have authority to command the aid of other peace officers or persons in the execution of the warrant, and to deliver the accused, subject to the provisions of this Title, to the designated agent of the demanding state. The governor may recall his warrant of arrest or may issue another warrant at any time.
Acts 1997, No. 1321, §1; Acts 2001, No. 822, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 267. Rights of accused; extradition hearing

Art. 267. Rights of accused; extradition hearing
A person arrested upon the governor's warrant shall not be delivered over to the agent appointed by the executive authority to receive him unless he shall first be taken before a judge, or in Orleans Parish, before a judge, a magistrate judge, or a commissioner of the magistrate section of the criminal district court, who shall inform him of the demand made for his surrender, of the crime with which he is charged, of his right to procure legal counsel, and of his right to an extradition hearing. If the prisoner or his counsel states that he desires an extradition hearing, the court shall assign as early a day as practicable for the hearing, to be held in open court. At least one full day shall intervene between the assignment and the day fixed for the hearing. Notice of the time and place of the hearing shall be given to the district attorney of the parish in which the hearing is to be held. If an extradition hearing is not requested, the prisoner shall be delivered promptly to the agent of the demanding state.
Acts 1986, No. 935, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 268. Issues at extradition hearing; resulting orders

Art. 268. Issues at extradition hearing; resulting orders
A. The grounds for discharge at the extradition hearing are that:
(1) The accused is not the person mentioned in the governor's warrant, in the requisition, or in the judgment of conviction, sentence, indictment, information, or affidavit which is the basis of the requisition;
(2) The governor's warrant is not signed; or
(3) A requirement of Article 263 has not been met.
B. The guilt or innocence of the accused as to the crime of which he is charged is not an issue at the hearing. Unless one of the grounds for discharge is proven, the accused shall, without further delay, be delivered into the custody of the designated agent of the demanding state.
C. The court may commit the accused for an additional thirty-day period, to enable the demanding state to furnish the proper and necessary papers, if a ground for discharge under Subparagraph (A)(2) or (3) of this Article has been established. If some other ground for discharge is established the accused shall, without further delay, be released.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 269. Arrest prior to demand for extradition; issuance of warrant

Art. 269. Arrest prior to demand for extradition; issuance of warrant
A judge may issue a warrant for the arrest of a person in this state, prior to a demand for extradition in conformity with Article 263, when on the oath or affidavit of a credible person, taken before a judge or clerk of court, the person to be arrested is charged with:
(1) Being a fugitive from justice of another state;
(2) Commission of a crime in another state; or
(3) Having been convicted of a crime in another state, and having escaped from confinement or having broken the terms of his bail, probation, parole, furlough, or reprieve.
In this article, "judge" means any judge of a district, city, or parish court with criminal jurisdiction.
Amended by Acts 1970, No. 292, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 270. Commitment to await extradition

Art. 270. Commitment to await extradition
A. The judge shall commit the accused for thirty days if it appears, after a hearing in open court pursuant to Article 271, that there is reasonable ground to hold him awaiting extradition. The order of commitment shall recite the accusation. The accused shall be imprisoned in the parish jail until the term of his commitment expires or he is otherwise legally discharged, unless he gives bail as provided in Article 271.
B. The judge may extend the commitment of the accused for an additional period, not to exceed sixty days, if such additional period of commitment is for the purpose of awaiting receipt of the extradition requisition or other necessary or proper papers needed for the extradition of the accused.
Amended by Acts 1982, No. 470, §1; Acts 2005, No. 358, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 271. Bail in extradition cases

Art. 271. Bail in extradition cases
A.(1) A judge may admit to bail a person arrested for extradition, or to await extradition, unless the offense with which the accused is charged is punishable by death or by life imprisonment under the laws of the state in which it was committed or unless the offender is charged as a parole or probation violator, is a convict charged with escape, or the offender is serving a sentence with the department of corrections in the state from which he has been extradited. Under no circumstances shall such an accused be admitted to bail.
(2) Except as otherwise provided in Subparagraph (1) of this Paragraph, if the accused is charged with a crime of violence as defined in R.S. 14:2(B) or with the production, manufacture, distribution, or dispensing or possession with intent to produce, manufacture, distribute, or dispense a controlled dangerous substance as defined by the Uniform Controlled Dangerous Substances Law, the accused shall not be bailable if, after a contradictory hearing, the judge or magistrate finds by clear and convincing evidence that there is a substantial risk that the person may flee or poses an imminent danger to any person or the community.
B. A governor's warrant issued under Article 265 shall be presumed to be valid. Notwithstanding the provisions of Paragraph A of this Article, once a warrant is issued, the person named in the warrant shall be held in custody at all times thereafter and shall not be eligible for release on bail.
C. After the extradition proceedings have been held or waived, the agent appointed by the executive authority to receive the prisoner shall have thirty days to do so. If no such agent appears within thirty days, the person arrested for extradition may be discharged.
Acts 1983, No. 584, §1; Acts 2001, No. 846, §1; Acts 2003, No. 1118, §1; Acts 2005, No. 358, §1; Acts 2008, No. 617, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 272. Persons under criminal prosecution or sentence in this state at time of requisition

Art. 272. Persons under criminal prosecution or sentence in this state at time of requisition
If a criminal prosecution against the demanded person is pending under the laws of this state, or if he has been convicted in a court of this state but has not completely satisfied his sentence, the governor may, in his discretion, surrender him on demand of the executive authority of the other state. The surrender must be pursuant to a re-extradition agreement, and:
(1) If a prosecution is pending the district attorney must agree to the surrender; or
(2) If the person demanded has been convicted but has not been sentenced, the court of the conviction must agree to the surrender.
Acts 2003, No. 1118, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 273. Waiver of extradition proceedings

Art. 273. Waiver of extradition proceedings
A. A demanded person arrested in this state may waive the issuance and service of the warrant required by Articles 265 and 266 and all other requirements incidental to extradition proceedings, by consenting in writing in the presence of the judge to return to the demanding state. Before such waiver is executed or subscribed to by the demanded person, the judge shall inform him of his rights to the issuance and service of a warrant of extradition and to an extradition hearing. When a waiver has been executed the judge shall direct the officer having the person in custody to deliver him immediately to the accredited agent of the demanding state, with a copy of the waiver.
B. The waiver procedure of Paragraph A of this Article is not exclusive and does not in any way preclude the state's return of a probationer or parolee to another state with which the state of Louisiana has entered into a compact for out-of-state probation and parole supervision, under the authority of R.S. 15:574.14(3), or a probation or parole absconder who has signed a waiver of extradition as a condition of probation or parole.
Amended by Acts 1984, No. 139, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 274. Application for issuance of requisition

Art. 274. Application for issuance of requisition
When a district attorney desires the return to this state of a person wanted to be tried for a crime, he shall present to the governor a written application for a requisition for the return of the person charged. The application shall state the name of the person wanted, the crime with which he is charged, and the approximate time, place, and circumstances of its commission. It shall also specify the state in which he is believed to be and his probable location in that state at the time the application is made. The application shall recommend a peace officer or other person as agent to receive the accused. It shall certify that, in the opinion of the district attorney the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 275. Application for return of wanted fugitive

Art. 275. Application for return of wanted fugitive
When the return to this state of a person convicted of a crime who has escaped from confinement or broken the terms of his bail, probation, parole, furlough, or reprieve is desired, the governor shall be presented with a written application for a requisition for his return. The application may be made by a district attorney or the attorney general, and shall state the name of the person, the crime of which he was convicted, the circumstances of his escape from confinement or of the breach of the terms of his bail, probation, parole, furlough, or reprieve. It shall specify the state in which he is believed to be and his probable location in that state at the time the application is made. It shall also recommend a peace officer or other person as agent to receive the person sought.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 276. Documents to be filed with application for requisition

Art. 276. Documents to be filed with application for requisition
The application for a requisition shall be verified by affidavit, executed in duplicate, and accompanied by two certified copies of all documents that are required for extradition by the law of the state from which the wanted person is to be returned. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the required documents, shall be filed in the office of the secretary of state. The other copies of all papers shall be forwarded with the governor's requisition. Failure to meet the requirements of this article, or of Articles 274 and 275, will not invalidate a requisition issued by the governor.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 278. Re-extradition agreements

Art. 278. Re-extradition agreements
When the return to this state of a person wanted in this state to be tried for a crime is desired, and the person is imprisoned or is held under criminal proceedings pending against him in another state, the governor may enter into a re-extradition agreement with the executive authority of the other state for the purpose of procuring the extradition of the person before the conclusion of the proceedings or his term of sentence in the other state. The agreement shall be upon the condition that the person extradited will be returned to the other state without further extradition proceedings, upon the request of the executive authority of that state and at the expense of this state.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 279. Extradition costs and expenses

Art. 279. Extradition costs and expenses
A. Whenever a person has been released on bail pursuant to a commercial surety bond and is subsequently located in another state, the reasonable and necessary expenses incurred in having that person returned to the parish in which charges are pending against him, whether through extradition proceedings or otherwise, shall be paid by the commercial surety provided that the surety was given notice of extradition or waiver of extradition and was provided seventy-two hours to return the person to the parish at his cost. Payment of these expenses shall be due within thirty days after written notice thereof has been given to the surety at the address provided pursuant to Code of Criminal Procedure Article 322. The commercial surety shall not be relieved of his obligation on the bond until the commercial surety has paid said reasonable and necessary costs for the return of the wanted person.
B. Except as provided in Paragraph A of this Article, the necessary and reasonable expenses connected with an extradition in all other cases shall be paid by the authority for whom it was requested.
Acts 2003, No. 954, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 280. Immunity of extradited person from service of process in civil actions

Art. 280. Immunity of extradited person from service of process in civil actions
A person brought into this state by, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions until he has been convicted or has pleaded guilty in the criminal proceeding, or, if acquitted or otherwise discharged, until three days after the acquittal or discharge.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 281. No right of asylum or immunity from other criminal prosecutions

Art. 281. No right of asylum or immunity from other criminal prosecutions
After a person has been brought back to this state by, or after waiver of, extradition proceedings, he may be tried in this state for other crimes which he may be charged with having committed here as well as that specified in the requisition for his extradition.
Acts 2003, No. 1118, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 291. Authority to conduct preliminary examinations

TITLE VII
PRELIMINARY EXAMINATION
Art. 291. Authority to conduct preliminary examinations
The following magistrates, throughout their several territorial jurisdictions, shall have authority to conduct preliminary examinations of persons accused of felonies, with authority to bail or discharge, as follows:
(1) District courts having criminal jurisdiction, in all cases;
(2) City or parish courts having criminal jurisdiction, in cases not capital; and
(3) Justices of the peace in cases not capital or necessarily punishable at hard labor.