reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Code of Criminal Procedure › Art. 903.1. Substance abuse probation program; eligibility

Art. 903.1. Substance abuse probation program; eligibility
A. In order to be eligible for the substance abuse probation program, the defendant must be charged with a violation of a statute of this state relating to the use and possession of or possession with intent to distribute any narcotic drugs, coca leaves, marijuana, stimulants, depressants, or hallucinogenic drugs, or where there is a significant relationship between the use of alcohol or drugs and the crime before the court.
B. The provisions of this Article shall not apply to any defendant who has been convicted of a crime of violence as defined in R.S. 14:2(B), except for a first conviction of an offense with a maximum prison sentence of ten years or less that was not committed against a family member or household member as defined by R.S. 14:35.3, or against a dating partner as defined by R.S. 46:2151, or a sex offense as defined in R.S. 15:541, or any defendant who has participated in or declined to participate in a drug division probation program as provided for in R.S. 13:5301 et seq.
Acts 2013, No. 389, §1; Acts 2015, No. 199, §2; Acts 2017, No. 280, §1, eff. November 1, 2017.
NOTE: Pursuant to the Section 2 of Act No. 199 of the 2015 R.S., the provisions of Articles 903 through 903.3 enacted by Section 4 of Act No. 389 of the 2013 R.S. shall become null, void, and have no effect on August 1, 2020, and thereafter
2023 Louisiana Laws › Code of Criminal Procedure › Art. 903.3. Substance abuse treatment program; cost

Art. 903.3. Substance abuse treatment program; cost
A. A defendant who is placed under the supervision of the substance abuse probation program shall pay the cost of the treatment program to which he is assigned and the cost of any additional supervision that may be required to the extent of his financial resources as determined by the substance abuse treatment program.
B. If the defendant does not have the financial resources to pay all the related costs of the probation program, the court may do either of the following:
(1) To the extent practicable, arrange for the defendant to be assigned to a treatment program funded by the state or federal government.
(2) With the recommendation of the treatment program, order the defendant to perform supervised work for the benefit of the community in lieu of paying all or a part of the costs related to his treatment and supervision. The work shall be performed for and under the supervising authority of a parish, municipality, or other political subdivision or agency of the state or a charitable organization that renders service to the community or its residents.
Acts 2013, No. 389, §1.
NOTE: Pursuant to the Section 2 of Act No. 199 of the 2015 R.S., the provisions of Articles 903 through 903.3 enacted by Section 4 of Act No. 389 of the 2013 R.S. shall become null, void, and have no effect on August 1, 2020, and thereafter.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 905. Capital cases; sentencing hearing required; delay; waiver

CHAPTER 3. SENTENCING IN CAPITAL CASES
Art. 905. Capital cases; sentencing hearing required; delay; waiver
A. Following a verdict or plea of guilty in a capital case, a sentence of death may be imposed only after a sentencing hearing as provided herein.
B. Following a conviction by trial or guilty plea in a capital case, on joint motion of the state and the defendant, the court may impose a sentence of life imprisonment without benefit of parole, probation, or suspension of sentence without conducting a sentencing hearing. The court may refuse to grant the joint motion and order that a sentencing hearing be conducted.
C. If a sentencing hearing will be conducted, the hearing shall not commence sooner than twelve hours after a verdict or plea of guilty, except on joint motion of the state and the defendant.
Added by Acts 1976, No. 694, §1. Acts 1993, No. 935, §1; Acts 1995, No. 434, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 905.1. Sentencing hearing jury; commencement

Art. 905.1. Sentencing hearing jury; commencement
A. Except as provided in Paragraph B of this Article, the sentencing hearing shall be conducted before the same jury that determined the issue of guilt. The order of sequestration shall remain in effect until the completion of the sentencing hearing.
B. If an error occurs only during the sentencing hearing which would necessitate the declaration of a mistrial, or the granting of a new trial by the trial court, or if an appellate court finds an error that occurred only in the sentencing hearing which would necessitate a remand and a new trial, then the trial court shall be empowered to empanel a new jury under the same procedure set out in Chapter 3 of Title XXVI of this Code for determining only the issue of penalty, and the rule of sequestration shall apply to the new jury so empanelled.
Added by Acts 1976, No. 694, §1. Amended by Acts 1977, No. 105, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 905.2. Sentencing hearing; procedure and evidence; jury instructions

Art. 905.2. Sentencing hearing; procedure and evidence; jury instructions
A. The sentencing hearing shall focus on the circumstances of the offense, the character and propensities of the offender, and the victim, and the impact that the crime has had on the victim, family members, friends, and associates. The victim or his family members, friends, and associates may decline the right to testify but, after testifying for the state, shall be subject to cross-examination. The hearing shall be conducted according to the rules of evidence. Evidence relative to aggravating or mitigating circumstances shall be relevant irrespective of whether the defendant places his character at issue. Insofar as applicable, the procedure shall be the same as that provided for trial in the Code of Criminal Procedure. The jury may consider any evidence offered at the trial on the issue of guilt. The defendant may testify in his own behalf. In the event of retrial, the defendant's testimony shall not be admissible except for the purposes of impeachment.
B. Notwithstanding any provision to the contrary, the court shall instruct the jury that under the provisions of the state constitution, the governor is empowered to grant a reprieve, pardon, or commutation of sentence following conviction of a crime, and the governor may, in exercising such authority, commute or modify a sentence of life imprisonment without benefit of parole to a lesser sentence including the possibility of parole, and may commute a sentence of death to a lesser sentence of life imprisonment without benefit of parole. The court shall also instruct the jury that under this authority the governor may allow the release of an offender either by reducing a life imprisonment or death sentence to the time already served by the offender or by granting the offender a pardon. The defense may argue or present evidence to the jury on the frequency and extent of use by the governor of his authority. The provisions of this Paragraph shall not be construed to require that members of the Board of Pardons attend sentencing hearings for capital cases.
Added by Acts 1976, No. 694, §1. Acts 1993, No. 436, §1; Acts 1994, 3rd Ex. Sess., No. 14, §1; Acts 1995, No. 551, §1; Acts 1999, No. 783, §3, eff. Jan. 1, 2000; Acts 2001, No. 280, §1; Acts 2012, No. 106, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 905.3. Sentence of death; jury findings

Art. 905.3. Sentence of death; jury findings
A sentence of death shall not be imposed unless the jury finds beyond a reasonable doubt that at least one statutory aggravating circumstance exists and, after consideration of any mitigating circumstances, determines that the sentence of death should be imposed. The court shall instruct the jury concerning all of the statutory mitigating circumstances. The court shall also instruct the jury concerning the statutory aggravating circumstances but may decline to instruct the jury on any aggravating circumstance not supported by evidence. The court may provide the jury with a list of the mitigating and aggravating circumstances upon which the jury was instructed.
Added by Acts 1976, No. 694, §1; Acts 1985, No. 231, §1; Acts 1988, No. 779, §1, eff. July 18, 1988.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 905.5. Mitigating circumstances

Art. 905.5. Mitigating circumstances
The following shall be considered mitigating circumstances:
(a) The offender has no significant prior history of criminal activity;
(b) The offense was committed while the offender was under the influence of extreme mental or emotional disturbance;
(c) The offense was committed while the offender was under the influence or under the domination of another person;
(d) The offense was committed under circumstances which the offender reasonably believed to provide a moral justification or extenuation for his conduct;
(e) At the time of the offense the capacity of the offender to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was impaired as a result of mental disease or defect or intoxication;
(f) The youth of the offender at the time of the offense;
(g) The offender was a principal whose participation was relatively minor;
(h) Any other relevant mitigating circumstance.
Added by Acts 1976, No. 694, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 905.6. Jury; unanimous determination

Art. 905.6. Jury; unanimous determination
A sentence of death shall be imposed only upon a unanimous determination of the jury. If the jury unanimously finds the sentence of death inappropriate, it shall render a determination of a sentence of life imprisonment without benefit of probation, parole or suspension of sentence.
Added by Acts 1976, No. 694, §1; Acts 1988, No. 779, §1, eff. July 18, 1988.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 905.7. Form of determination

Art. 905.7. Form of determination
The form of jury determination shall be as follows:
"Having found the below listed statutory aggravating circumstance or circumstances and, after consideration of the mitigating circumstances offered, the jury unanimously determines that the defendant should be sentenced to death.
Aggravating circumstance or circumstances found:
s/_____________________________________________
Foreman"
or
"The jury unanimously determines that the defendant should be sentenced to life imprisonment without benefit of probation, parole or suspension of sentence.
s/_____________________________________________
Foreman"
Added by Acts 1976, No. 694, §1; Acts 1988, No. 779, §1, eff. July 18, 1988.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 905.8. Imposition of sentence

Art. 905.8. Imposition of sentence
The court shall sentence the defendant in accordance with the determination of the jury. If the jury is unable to unanimously agree on a determination, the court shall impose a sentence of life imprisonment without benefit of probation, parole or suspension of sentence.
Added by Acts 1976, No. 694, §1; Acts 1988, No. 779, §1, eff. July 18, 1988.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 912. Judgments or rulings appealable

Art. 912. Judgments or rulings appealable
A. Only a final judgment or ruling is appealable.
B. The state cannot appeal from a verdict of acquittal. Adverse judgments or rulings from which the state may appeal include, but are not limited to, judgments or rulings on:
(1) A motion to quash an indictment or any count thereof;
(2) A plea of time limitation;
(3) A plea of double jeopardy;
(4) A motion in arrest of judgment;
(5) A motion to change the venue;
(6) A motion to recuse; and
(7) Repealed by Acts 1968, No. 146, §1.
C. The judgments or rulings from which the defendant may appeal include, but are not limited to:
(1) A judgment which imposes sentence;
(2) A ruling upon a motion by the state declaring the present insanity of the defendant; and
(3) Repealed by Acts 1968, No. 146, §1.
Amended by Acts 1968, No. 146, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 912.1. Right of appeal and application for review; defendant

Art. 912.1. Right of appeal and application for review; defendant
A.(1) The defendant may appeal to the supreme court from a judgment in a capital case in which a sentence of death actually has been imposed.
(2) Except as provided in Code of Criminal Procedure Article 905.9, such defendant may waive his right of appeal. The defendant shall be informed, both in writing and orally, of this right to waive appeal upon appointment of appellate counsel.
B.(1) The defendant may appeal to the court of appeal from a judgment in a criminal case triable by jury, except as provided in Paragraph A or Subparagraph (2) of this Paragraph.
(2) An appeal from a judgment in a criminal case triable by jury from a city court located in the Nineteenth Judicial District, except as provided in Paragraph A of this Article, shall be taken to the Nineteenth Judicial District in the parish of East Baton Rouge.
C.(1) In all other cases not otherwise provided by law, the defendant has the right of judicial review by application to the court of appeal for a writ of review. This application shall be accompanied by a complete record of all evidence upon which the judgment is based unless the defendant intelligently waives the right to cause all or any portion of the record to accompany the application.
(2) An application for review by the defendant shall not suspend the execution of sentence, unless the defendant is admitted to postconviction bail.
Added by Acts 1974, Ex.Sess., No. 28, §1, eff. Jan. 1, 1975. Amended by Acts 1980, No. 516, §1, eff. July 1, 1982; Acts 1986, No. 443, §1; Acts 2001, No. 1134, §2; Acts 2010, No. 674, §1, eff. Oct. 1, 2010.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 913. Effect of appeal

Art. 913. Effect of appeal
A. An appeal by the state suspends the ruling or judgment from which the appeal is taken, except when the ruling or judgment requires the release of the defendant.
B. An appeal by the defendant shall not suspend the execution of sentence, unless the defendant is admitted to postconviction bail.
Amended by Acts 1982, No. 736, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 914. Method and time of appeal

CHAPTER 2. PROCEDURE IN LOWER COURT FOR APPEAL
Art. 914. Method and time of appeal
A. A motion for an appeal may be made orally in open court or by filing a written motion with the clerk. The motion shall be entered in the minutes of the court.
B. The motion for an appeal must be made no later than:
(1) Thirty days after the rendition of the judgment or ruling from which the appeal is taken.
(2) Thirty days from the ruling on a motion to reconsider sentence filed pursuant to Article 881.1, should such a motion be filed.
Amended by Acts 1982, No. 143, §1. Acts 1993, No. 490, §1, eff. June 10, 1993; Acts 2003, No. 949, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 914.1. Designation of record; payment of costs; sanction

Art. 914.1. Designation of record; payment of costs; sanction
A. The party making the motion for appeal shall, at the time the motion is made, request the transcript of that portion of the proceedings necessary, in light of the assignment of errors to be urged. Not later than five days after the motion, the opposing party may designate in writing the transcript of that portion or portions of the proceedings necessary to oppose the appeal.
B. A transcript of any portion of the proceedings which does not relate to anticipated assignment of errors shall not be furnished to a party for purposes of appeal and shall not result in delay of preparation of the appeal record.
C.(1) An attorney who requests a transcript in accordance with this Article must certify there are good grounds for such request in light of the assignment of errors to be urged.
(2) Except in indigent cases, the costs for preparing the transcript must be paid to the court reporter or the appropriate agency and the costs as required for filing the appeal must be paid in the appellate court, both within twenty days of the mailing of notice, including the payment of any additional costs owed upon notice.
(3) Where applicable, if the appellant or appellant's counsel fails to pay the estimated cost for preparing the record including the transcript within the time specified, the trial judge, on his own motion or upon motion by the clerk or by any party, and after a hearing, may do one of the following:
(a) Extend the time within which the costs may be paid not to exceed thirty days with or without penalty to the appellant or his attorney.
(b) Impose a fine not to exceed five hundred dollars upon the appellant or his attorney, or both.
(c) Dismiss the appeal.
D. The trial court or the appellate court may designate additional portions of the transcript of the proceedings which it feels are necessary for full and fair review of the assignment of errors.
Added by Acts 1982, No. 143, §1. Acts 1984, No. 937, §2.
{{NOTE: SEE ALSO ACTS 1984, NO. 937, §3 AND ACTS 1984, NO. 838, §1.}}
2023 Louisiana Laws › Code of Criminal Procedure › Art. 915. Action on a motion for appeal; return; notice

Art. 915. Action on a motion for appeal; return; notice
A. When a motion for an appeal is made in conformity with Articles 912, 914, and 914.1 the trial court shall grant or deny the motion within seventy-two hours, exclusive of legal holidays, after the motion is made. The return date shall be seventy-five days from the date the motion for appeal is granted, unless the trial judge fixes a lesser period. When a motion for an appeal has been timely made, the appeal shall not be affected by any fault or omission on the part of the trial court.
B. The minute clerk for each section of the trial court shall forward a copy of the notice of appeal to the clerk of the trial court and to the court reporters responsible for preparing the necessary transcripts, within twenty-four hours, exclusive of legal holidays, of the date the appeal is ordered. The clerk of the trial court shall forward a copy of the notice of appeal to the sheriff having custody of the defendant, to the appropriate appellate court, and to each party, within seven days of the date the appeal is ordered. The party moving for the appeal must forward notice that a motion for appeal has been made to the appropriate appellate court within seven days of the date the motion is made. Failure of the minute clerk, the clerk of court, or the party moving for the appeal, to provide notice shall not affect the validity of the appeal.
Amended by Act 1974, No. 207, §1; Acts 1982, No. 143, §1; Acts 1988, No. 525, §1; Acts 1999, No. 706, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 915.1. Appeals; extension of return date; notice

Art. 915.1. Appeals; extension of return date; notice
A. The trial court may grant one extension of the return date of not more than thirty days. An extension may not be granted after the return date has passed. The extension may be granted only upon proof presented by the moving party that additional time is necessary due to extenuating circumstances beyond the control of the moving party and that, without the extension, an unusual and undue hardship would be created. A copy of the extension shall be filed with the appellate court and the clerk of the trial court.
B. Subsequent extensions may be granted by the appellate court for sufficient cause or at the request of the court reporter as provided in Article 919. When a subsequent extension is granted by the appellate court, notice thereof shall be given by mail by the clerk of the trial court to all parties. Failure of the clerk of the trial court to mail such notice shall not affect the validity of the appeal nor will any error or defect which is not imputable to the appellant affect the validity of the appeal.
Acts 1988, No. 525, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 916. Divesting of jurisdiction of trial court

Art. 916. Divesting of jurisdiction of trial court
The jurisdiction of the trial court is divested and that of the appellate court attaches upon the entering of the order of appeal. Thereafter, the trial court has no jurisdiction to take any action except as otherwise provided by law and to:
(1) Extend the return day of the appeal, the time for filing assignments of error, or the time for filing per curiam comments in accordance with Articles 844 and 919.
(2) Correct an error or deficiency in the record.
(3) Correct an illegal sentence or take other appropriate action pursuant to a properly made or filed motion to reconsider sentence.
(4) Take all action concerning bail permitted by Title VIII.
(5) Furnish per curiam comments.
(6) Render an interlocutory order or a definitive judgment concerning a ministerial matter not in controversy on appeal.
(7) Impose the penalty provided by Article 844.
(8) Sentence the defendant pursuant to a conviction under the Habitual Offender Law as set forth in R.S. 15:529.1.
Amended by Acts 1968, No. 147, §1; Acts 1974, No. 207, §1; Acts 1984, No. 527, §1; Acts 1986, No. 851, §1; Acts 1991, No. 38, §2; Acts 1997, No. 642, §1.
{{NOTE: SEE ACTS 1991, NO. 38, §3, FOR SPECIAL EFFECTIVE DATE FOR PARAGRAPH (3).}}
2023 Louisiana Laws › Code of Criminal Procedure › Art. 917. Record on appeal; preparation

Art. 917. Record on appeal; preparation
The clerk of the trial court shall prepare the record on appeal and lodge it with the appellate court on or before the return date or any extension thereof. The clerk of the trial court shall prepare the record in accordance with the rules of the appellate court. Failure of the Clerk to prepare and lodge the record on appeal either correctly or timely shall not prejudice the appeal, unless such defect or delay is imputable to the appellant.
Amended by Acts 1984, No. 528, §1; Acts 1988, No. 525, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 918. Record on appeal; certified and dated

Art. 918. Record on appeal; certified and dated
A. All records and supplemental records prepared for filing in any appellate court shall be certified and dated by the clerk upon completion. The certification shall include the date any transcript was received for inclusion in the record.
B. All transcripts or parts thereof completed for inclusion in the record shall be dated and certified by the court reporter who prepares them. The date of certification by the court reporter shall be the date on which the transcript was completed and furnished to the clerk for inclusion in the record.
Acts 1988, No. 525, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 919. Record on appeal; preparation and delivery of transcripts

Art. 919. Record on appeal; preparation and delivery of transcripts
A. Each court reporter assigned to prepare any transcript necessary to complete the appeal record shall deliver the transcript to the clerk of the trial court who has the duty of preparing the record for appeal five days before the return date.
B. Whenever the court reporter cannot deliver the transcript to the clerk of the trial court five days before the return date, the reporter shall file a request for an extension of the return date with the trial court or the appellate court as provided by Article 915.1. Whenever a court reporter has not delivered a transcript five days before the return date, the clerk of the trial court shall file a certificate with the court of appeal, not later than seven days after the return date, advising that the record is ready for lodging except for the lack of delivery of the transcript. In such certificate, the clerk shall include the name and address of each reporter who has failed to deliver a transcript and whether any of the court reporters have requested an extension of the return date.
C. Upon the request of the appellate court when the transcript has not been delivered to the clerk of court, but the record is otherwise ready for lodging, the record shall be lodged. The clerk of the trial court shall include with the record a certificate stating the name and address of each court reporter who is required to prepare and deliver a transcript. Thereafter, the appellate court may issue appropriate orders to any named reporter to expedite the preparation and delivery of any necessary transcripts.
Amended by Acts 1980, No. 537, §1. Acts 1984, No. 524, §1; Acts 1987, No. 726, §1; Acts 1988, No. 525, §1; Acts 1999, No. 706, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 919.1. Record on appeal; contempt

Art. 919.1. Record on appeal; contempt
A. Failure of any person to comply with Articles 914 through 919 may subject such person to contempt of court. Such contempt charges may be initiated by the trial court or by the appellate court on the court's own motion or by motion of any party.
B. In any court where the duty of preparing the appellate record is delegated to, or assumed by, an official other than the clerk of court, by court rule or by custom, all of the provisions applicable to the clerk of court regarding the preparation of such a record are equally applicable to such court official.
Acts 1988, No. 525, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 920. Scope of appellate review

CHAPTER 3. PROCEDURE IN APPELLATE COURT
Art. 920. Scope of appellate review
The following matters and no others shall be considered on appeal:
(1) An error designated in the assignment of errors; and
(2) An error that is discoverable by a mere inspection of the pleadings and proceedings and without inspection of the evidence.
Amended by Acts 1974, No. 207, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 921.1. Notice of decision in criminal appeals

Art. 921.1. Notice of decision in criminal appeals
A. In addition to the requirements regarding transmission of notice of judgment and copies of decisions under the Uniform Rules of Louisiana Courts of Appeal, when a decision in an appellate court in a criminal appeal is rendered, the clerk of court shall transmit a notice or copy of the decision to the clerk of court from which the appeal was taken and to the Department of Public Safety and Corrections.
B. When a decision of the supreme court is rendered in a criminal appeal, the clerk of court shall transmit a notice or copy of the decision to the clerk of court from which the appeal was taken and to the Department of Public Safety and Corrections.
Acts 2014, No. 600, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 922. Finality of judgment on appeal

Art. 922. Finality of judgment on appeal
A. Within fourteen days of rendition of the judgment of the supreme court or any appellate court, in term time or out, a party may apply to the appropriate court for a rehearing. The court may act upon the application at any time.
B. A judgment rendered by the supreme court or other appellate court becomes final when the delay for applying for a rehearing has expired and no application therefor has been made.
C. If an application for a rehearing has been made timely, a judgment of the appellate court becomes final when the application is denied.
D. If an application for a writ of review is timely filed with the supreme court, the judgment of the appellate court from which the writ of review is sought becomes final when the supreme court denies the writ.
Acts 1983, No. 451, §1; Acts 1993, No. 976, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 924. Definitions

TITLE XXXI-A
POST CONVICTION RELIEF
Art. 924. Definitions
As used in this Title:
(1) An "application for post conviction relief" means a petition filed by a person in custody after sentence following conviction for the commission of an offense seeking to have the conviction and sentence set aside.
(2) "Custody" means detention or confinement, or probation or parole supervision, after sentence following conviction for the commission of an offense.
(3) "DNA testing" means any method of testing and comparing deoxyribonucleic acid that would be admissible under the Louisiana Code of Evidence.
(4) "Unknown sample" means a biological sample from an unknown donor constituting evidence of the commission of an offense or tending to prove the identity of the perpetrator of an offense.
Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981; Acts 2001, No. 1020, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 926. Petition

Art. 926. Petition
A. An application for post conviction relief shall be by written petition addressed to the district court for the parish in which the petitioner was convicted. A copy of the judgment of conviction and sentence shall be annexed to the petition, or the petition shall allege that a copy has been demanded and refused.
B. The petition shall allege:
(1) The name of the person in custody and the place of custody, if known, or if not known, a statement to that effect;
(2) The name of the custodian, if known, or if not known, a designation or description of him as far as possible;
(3) A statement of the grounds upon which relief is sought, specifying with reasonable particularity the factual basis for such relief;
(4) A statement of all prior applications for writs of habeas corpus or for post conviction relief filed by or on behalf of the person in custody in connection with his present custody; and
(5) All errors known or discoverable by the exercise of due diligence.
C. The application shall be signed by the petitioner and be accompanied by his affidavit that the allegations contained in the petition are true to the best of his information and belief.
D. The petitioner shall use the uniform application for post conviction relief approved by the Supreme Court of Louisiana. If the petitioner fails to use the uniform application, the court may provide the petitioner with the uniform application and require its use.
E. Inexcusable failure of the petitioner to comply with the provisions of this Article may be a basis for dismissal of his application.
Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 926.3. Motion for testing of evidence

Art. 926.3. Motion for testing of evidence
A. Upon motion of the state or the petitioner, the district court may order the testing or examination of any evidence relevant to the offense of conviction in the custody and control of the clerk of court, the state, or the investigating law enforcement agency.
B. If the motion is made by the petitioner and the state does not expressly consent to the testing or examination, a motion made under this Article shall be granted only following a contradictory hearing at which the petitioner shall establish that good cause exists for the testing or examination. If the state does not expressly consent to the testing or examination and the motion made under this Article is granted following the contradictory hearing, the district attorney and investigating law enforcement agency shall not be ordered to bear any of the costs associated with the testing or examination.
Acts 2021, No. 104, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 927. Procedural objections; answer

Art. 927. Procedural objections; answer
A. If an application alleges a claim which, if established, would entitle the petitioner to relief, the court shall order the custodian, through the district attorney in the parish in which the defendant was convicted, to file any procedural objections he may have, or an answer on the merits if there are no procedural objections, within a specified period not in excess of thirty days. If procedural objections are timely filed, no answer on the merits of the claim may be ordered until such objections have been considered and rulings thereon have become final.
B. In any order of the court requiring a response by the district attorney pursuant to this Article, the court shall render specific rulings dismissing any claim which, if established as alleged, would not entitle the petitioner to relief, and shall order a response only as to such claim or claims which, if established as alleged, would entitle the petitioner to relief.
C. If the court orders an answer filed, the court need not order production of the petitioner except as provided in Article 930.
Acts 1990, No. 523, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 929. Summary disposition

Art. 929. Summary disposition
A. If the court determines that the factual and legal issues can be resolved based upon the application and answer, and supporting documents, including relevant transcripts, depositions, and other reliable documents submitted by either party or available to the court, the court may grant or deny relief without further proceedings.
B. For good cause, oral depositions of the petitioner and witnesses may be taken under conditions specified by the court. The court may authorize requests for admissions of fact and of genuineness of documents. In such matters, the court shall be guided by the Code of Civil Procedure.
Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 930. Evidentiary hearing

Art. 930. Evidentiary hearing
A. An evidentiary hearing for the taking of testimony or other evidence shall be ordered whenever there are questions of fact which cannot properly be resolved pursuant to Articles 928 and 929. The petitioner, in absence of an express waiver, is entitled to be present at such hearing, unless the only evidence to be received is evidence as permitted pursuant to Subsection B of this Section, and the petitioner has been or will be provided with copies of such evidence and an opportunity to respond thereto in writing.
B. Duly authenticated records, transcripts, depositions, documents, or portions thereof, or admissions of facts may be received in evidence.
C. No evidentiary hearing on the merits of a claim shall be ordered or conducted, nor shall any proffer of evidence be received over the objection of the respondent, and no ruling upon procedural objections to the petition shall purport to address the merits of the claim over the objection of the respondent, unless the court has first ruled upon all procedural objections raised by the respondent, and such rulings have become final. Any language in a ruling on procedural objections raised by the respondent which purports to address the merits of the claim shall be deemed as null, void, and of no effect.
Acts 1990, No. 523, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 930.1. Judgment granting or denying relief under Articles 928, 929, and 930

Art. 930.1. Judgment granting or denying relief under Articles 928, 929, and 930
A copy of the judgment granting or denying relief and written or transcribed reasons for the judgment shall be furnished to the petitioner, the district attorney, and the custodian.
Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 930.3. Grounds

Art. 930.3. Grounds
If the petitioner is in custody after sentence for conviction for an offense, relief shall be granted only on the following grounds:
(1) The conviction was obtained in violation of the constitution of the United States or the state of Louisiana.
(2) The court exceeded its jurisdiction.
(3) The conviction or sentence subjected him to double jeopardy.
(4) The limitations on the institution of prosecution had expired.
(5) The statute creating the offense for which he was convicted and sentenced is unconstitutional.
(6) The conviction or sentence constitute the ex post facto application of law in violation of the constitution of the United States or the state of Louisiana.
(7) The results of DNA testing performed pursuant to an application granted under Article 926.1 proves by clear and convincing evidence that the petitioner is factually innocent of the crime for which he was convicted.
(8) The petitioner is determined by clear and convincing evidence to be factually innocent under Article 926.2.
Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981; Acts 2001, No. 1020, §1; Acts 2021, No. 104, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 930.4. Repetitive applications

Art. 930.4. Repetitive applications
A. Unless required in the interest of justice, any claim for relief which was fully litigated in an appeal from the proceedings leading to the judgment of conviction and sentence shall not be considered.
B. If the application alleges a claim of which the petitioner had knowledge and inexcusably failed to raise in the proceedings leading to conviction, the court shall deny relief.
C. If the application alleges a claim which the petitioner raised in the trial court and inexcusably failed to pursue on appeal, the court shall deny relief.
D. A successive application shall be dismissed if it fails to raise a new or different claim.
E. A successive application shall be dismissed if it raises a new or different claim that was inexcusably omitted from a prior application.
F. Any attempt or request by a petitioner to supplement or amend the application shall be subject to all of the limitations and restrictions set forth in this Article. In addition to serving the district attorney for the jurisdiction where the underlying conviction was obtained, any application filed after the first application for post conviction relief shall be served on the district attorney and the attorney general at least sixty days in advance of the hearing on the application. Both the district attorney and the attorney general shall have a right to suspensively appeal any order granting relief.
G. All of the limitations set forth in this Article shall be jurisdictional and shall not be waived or excused by the court or the district attorney.
Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981; Acts 2013, No. 251, §1, eff. Aug. 1, 2014; Acts 2021, No. 104, §1; Acts 2024, 2nd Ex. Sess., No. 10, §1, eff. Aug. 1, 2024.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 930.5. Custody pending retrial; bail

Art. 930.5. Custody pending retrial; bail
If a court grants relief under an application for post conviction relief, the court shall order that the petitioner be held in custody pending a new trial if it appears that there are legally sufficient grounds upon which to reprosecute the petitioner.
In such a case, the petitioner shall be entitled to bail on the offense as though he has not been convicted of the offense.
Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 930.6. Review of trial court judgments

Art. 930.6. Review of trial court judgments
A. The petitioner may invoke the supervisory jurisdiction of the court of appeal if the trial court dismisses the application or otherwise denies relief on an application for post conviction relief. No appeal lies from a judgment dismissing an application or otherwise denying relief.
B. If a statute or ordinance is declared unconstitutional, the state may appeal to the supreme court. If relief is granted on any other ground, the state may invoke the supervisory jurisdiction of the court of appeal.
C. Pending the state's application for writs, or pending the state's appeal, the district court or the court of appeal may stay the judgment granting relief.
Added by Acts 1980, No. 429, §1, eff. Jan. 1, 1981; Acts 1985, No. 233, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 930.7. Right to counsel

Art. 930.7. Right to counsel
A. If the petitioner is indigent and alleges a claim which, if established, would entitle him to relief, the court may appoint counsel.
B. The court may appoint counsel for an indigent petitioner when it orders an evidentiary hearing, authorizes the taking of depositions, or authorizes requests for admissions of fact or genuineness of documents, when such evidence is necessary for the disposition of procedural objections raised by the respondent.
C. The court shall appoint counsel for an indigent petitioner when it orders an evidentiary hearing on the merits of a claim, or authorizes the taking of depositions or requests for admissions of fact or genuineness of documents for use as evidence in ruling upon the merits of the claim.
Acts 1990, No. 523, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 930.10. Departure from this Title; post conviction plea agreements

Art. 930.10. Departure from this Title; post conviction plea agreements
A. Upon joint motion of the petitioner and the district attorney, the district court may deviate from any of the provisions of this Title.
B. Notwithstanding the provisions of Article 930.3 or any provision of law to the contrary, the district attorney and the petitioner may, with the approval of the district court, jointly enter into any post conviction plea agreement for the purpose of amending the petitioner's conviction, sentence, or habitual offender status. The terms of any post conviction plea agreement pursuant to this Paragraph shall be in writing, shall be filed into the district court record, and shall be agreed to by the district attorney and the petitioner in open court. The court shall, prior to accepting the post conviction plea agreement, address the petitioner personally in open court, inform him of and determine that he understands the rights that he is waiving by entering into the post conviction plea agreement, and determine that the plea is voluntary and is not the result of force or threats, or of promises apart from the post conviction plea agreement.
Acts 2021, No. 104, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 931. Courts, judges, and magistrates

TITLE XXXII
DEFINITIONS
Art. 931. Courts, judges, and magistrates
Except where the context clearly indicates otherwise, as used in this Code:
(1) "Court" means a court with criminal jurisdiction or its judge. It does not include a mayor's court or a justice of the peace.
(2) "City court" means a city, town, village, or other municipal court, with criminal jurisdiction. It does not include a mayor's court or a justice of the peace.
(3) "Judge" means a judge of a court, as defined in this article.
(4) "Magistrate" means any judge, a justice of the peace, or a mayor of a mayor's court.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 932. Jurors, juries, and jury venires

Art. 932. Jurors, juries, and jury venires
Except where the context clearly indicates otherwise, as used in this Code:
(1) "Juror" means a grand or a petit juror.
(2) "Petit jury" means the jury that tries a defendant.
(3) "Panel" is a group of persons selected according to law from a grand jury or petit jury venire to serve as a grand jury, or as a petit jury.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 933. Offenses

Art. 933. Offenses
Except where the context clearly indicates otherwise, as used in this Code:
(1) "Offense" includes both a felony and a misdemeanor.
(2) "Capital offense" means an offense that may be punished by death.
(3) "Felony" means an offense that may be punished by death or by imprisonment at hard labor.
(4) "Misdemeanor" means any offense other than a felony, and includes the violation of an ordinance providing a penal sanction.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 934. Miscellaneous definitions

Art. 934. Miscellaneous definitions
Except where the context clearly indicates otherwise, as used in this Code:
(1) "Act" includes a failure or omission to perform a legal duty.
(2) "City" means a city, town, village, or other municipality.
(3) "Convicted" means adjudicated guilty after a plea or after trial on the merits.
(4) "Defendant" means a person who has been charged with or accused of an offense.
(5) "District Attorney" includes an assistant district attorney, and where the prosecution is in a city court, includes the prosecuting officer of that court.
(6) "Indictment" includes information and affidavit, unless it is the clear intent to restrict that word to the finding of a grand jury.
(7) "Institution of prosecution" means the finding of an indictment, or the filing of an information, or affidavit, which is designed to serve as the basis of a trial.
(8) "Oath" includes affirmation.
(9) "Person" includes an individual, partnership, unincorporated association of individuals, joint stock company, or corporation.
(10) "State" includes a city or other political subdivision of the state.
(11) "Statute" and "criminal law" mean a criminal statute, a constitutional provision, or an ordinance of a city or other political subdivision of the state.
(12) "Trial on the merits" means trial on the issue of guilt or innocence.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 941. Legislative findings

TITLE XXXIII. EMERGENCY OR DISASTER PROVISIONS
Art. 941. Legislative findings
The legislature hereby finds and declares the following:
(1) The state of Louisiana could suffer future catastrophic damage through the occurrence of emergencies and disasters of unprecedented size and destructiveness resulting from terrorist events, enemy attack, sabotage, or other hostile action, or from fire, flood, earthquake, or other natural or manmade causes resulting in the displacement of residents or the destruction of or severe damage to courthouses and other facilities supporting the criminal justice system.
(2) The magnitude of such catastrophic events may cause a disruption of the criminal justice system in any parish directly impacted by the emergency or disaster.
(3) The response to such an emergency or disaster should ensure the continued effective operation and integrity of the state's criminal justice system while minimizing adverse effects on the interests of the defendant and the state.
(4) Considering these factors, the Legislature of Louisiana, exercising its authority vested in Article III and Article VI, Section 3 of the Constitution of Louisiana, and recognizing the necessity of creating a classification of parishes based upon the need to conduct emergency sessions of court, does hereby enact the provisions of this Title to provide for the effective operation and integrity of the criminal justice system during times of emergency or disaster.
Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 942. Definitions

Art. 942. Definitions
As used in this Title:
(1) "Affected court" means any appellate, district, parish, city, municipal, traffic, juvenile, justice of the peace, or family court having jurisdiction over criminal prosecutions and proceedings for which the Louisiana Supreme Court has made a determination that the court shall conduct emergency sessions outside its parish or territorial jurisdiction as provided for by the provisions of this Title.
(2) "Emergency sessions" means any criminal court proceeding conducted by an affected court as authorized by the provisions of this Title and by order of the Louisiana Supreme Court.
(3) "Host jurisdiction" means the location or locations in which the Louisiana Supreme Court has ordered the affected court to conduct emergency sessions.
Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 943. Preemption of conflicting provisions

Art. 943. Preemption of conflicting provisions
The provisions of this Title shall preempt and supersede but not repeal any conflicting provisions of this Code or any other provision of law.
Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.