2023 Louisiana Laws › Code of Criminal Procedure › Art. 556.1. Plea of guilty or nolo contendere in felony cases; duties of the court and defense counsel

Art. 556.1. Plea of guilty or nolo contendere in felony cases; duties of the court and defense counsel
A. In a felony case, the court shall not accept a plea of guilty or nolo contendere without first addressing the defendant personally in open court and informing him of, and determining that he understands, all of the following:
(1) The nature of the charge to which the plea is offered, the mandatory minimum penalty provided by law, if any, and the maximum possible penalty provided by law.
(2) If the defendant is not represented by an attorney, that he has the right to be represented by an attorney at every stage of the proceeding against him and, if financially unable to employ counsel, one will be appointed to represent him.
(3) That he has the right to plead not guilty or to persist in that plea if it has already been made, and that he has the right to be tried by a jury and at that trial has the right to the assistance of counsel, the right to confront and cross-examine witnesses against him, and the right not to be compelled to incriminate himself.
(4) That if he pleads guilty or nolo contendere there will not be a further trial of any kind, so that by pleading guilty or nolo contendere he waives the right to a trial.
(5) That if he pleads guilty or nolo contendere, he may be subject to additional consequences or waivers of constitutional rights in the following areas as a result of his plea to be informed as follows:
(a) Defense counsel or the court shall inform him regarding:
(i) Potential deportation, for a person who is not a United States citizen.
(ii) The right to vote.
(iii) The right to bear arms.
(iv) The right to due process.
(v) The right to equal protection.
(b) Defense counsel or the court may inform him of additional direct or potential consequences impacting the following:
(i) College admissions and financial aid.
(ii) Public housing benefits.
(iii) Employment and licensing restrictions.
(iv) Potential sentencing as a habitual offender.
(v) Standard of proof for probation or parole revocations.
(c) Failure to adhere to the provisions of Subsubparagraphs (a) and (b) of this Subparagraph shall not be considered an error, defect, irregularity, or variance affecting the substantial rights of the accused and does not constitute grounds for reversal pursuant to Article 921.
(d) It shall be sufficient to utilize a form which conveys this information to the client and the form shall constitute prima facie evidence that the content was conveyed and understood.
B. In a felony case, the court shall not accept a plea of guilty or nolo contendere without first addressing the defendant personally in open court and determining that the plea is voluntary and not the result of force or threats or of promises apart from a plea agreement.
C.(1) The court shall also inquire as to whether the defendant's willingness to plead guilty or nolo contendere results from prior discussions between the district attorney and the defendant or his attorney. If a plea agreement has been reached by the parties, the court, on the record, shall require the disclosure of the agreement in open court or, on a showing of good cause, in camera, at the time the plea is offered.
(2) The court shall further inquire of the defendant and his attorney whether the defendant has been informed of all plea offers made by the state.
D. In a felony case a verbatim record shall be made of the proceedings at which the defendant enters a plea of guilty or nolo contendere.
E. Any variance from the procedures required by this Article which does not affect substantial rights of the accused shall not invalidate the plea.
F. Nothing in this Article prohibits the court, by local rule, from providing for a defendant's appearance at the entry of his plea of guilty or nolo contendere by simultaneous audio-visual transmission in accordance with the provisions of Article 562.
Acts 1997, No. 1061, §1; Acts 2001, No. 243, §1; Acts 2017, No. 406, §1; Acts 2019, No. 158, §1; Acts 2020, No. 160, §1; Acts 2021, No. 271, §1.