reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Code of Criminal Procedure › Art. 357. Answer; production of person in custody

Art. 357. Answer; production of person in custody
The person upon whom the writ has been served, whether it is directed to him or not, shall file a written answer, signed and sworn to by him stating whether he has custody of the person named in the writ. If the person is in his custody, he shall produce him and state in his answer his authority for holding the person in custody. If the custody is by virtue of a court order, the document in the possession of the custodian shall be annexed to the answer. The answer and the production of the person in custody shall be made at the place and time designated by the writ.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 359. Nonproduction of person confined; justification

Art. 359. Nonproduction of person confined; justification
If the person in custody cannot for any reason be brought before the court, the reasons therefor shall be stated in the answer. If the court is satisfied with the reasons stated, the hearing may proceed without his presence. If the court is not satisfied with the reasons stated, it may require the immediate production of the person in custody.
Amended by Acts 1976, No. 448, §1; Acts 1980, No. 429, §2, eff. Jan. 1, 1981.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 362. Custody with court order

Art. 362. Custody with court order
If the person in custody is being held by virtue of a court order, relief shall be granted only on the following grounds:
(1) The court has exceeded its jurisdiction;
(2) The original custody was lawful, but by some act, omission, or event which has since occurred, the custody has become unlawful;
(3) The order for the custody is deficient in some legal requisite;
(4) The order for the custody, although legal in form, imposes an illegal custody;
(5) The custodian is not the person allowed by law to detain the person in custody;
(6) He has been denied his right to a hearing in an extradition case, as provided in Article 267; or
(7) He is being held in custody prior to trial in violation of due process of law.
Amended by Acts 1980, No. 429, §2, eff. Jan. 1, 1981.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 365. Burden of proof

Art. 365. Burden of proof
If the person in custody is being held not by virtue of a court order, the custodian shall have the burden of proving the legality of the custody and of showing good cause why the person in custody should not be released.
If the person in custody is being held by virtue of a court order, he shall have the burden of proving the illegality of the custody and that he is entitled to be released.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 370. Custody pending application for writs

Art. 370. Custody pending application for writs
A person in custody shall not be released upon a writ of habeas corpus until forty-eight hours after the judgment ordering the release has been entered or until an application by the state for supervisory writs has been denied, whichever occurs first, if:
(1) The state has announced its intention to apply for supervisory writs; and
(2) The person is being held in custody by virtue of a court order or in connection with a felony.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 381. Nature of criminal prosecution

TITLE X
INSTITUTING CRIMINAL PROSECUTIONS
Art. 381. Nature of criminal prosecution
A criminal prosecution is brought in the name of the state in a court of criminal jurisdiction, for the purpose of bringing to punishment one who has violated a criminal law.
The person injured by the commission of an offense is not a party to the criminal prosecution, and his rights are not affected thereby.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 382. Methods of instituting criminal prosecutions

Art. 382. Methods of instituting criminal prosecutions
A. A prosecution for an offense punishable by death, or for an offense punishable by life imprisonment, shall be instituted by indictment by a grand jury. Other criminal prosecutions in a district court shall be instituted by indictment or by information.
B.(1) A prosecution for violation of an ordinance and other criminal prosecutions in a parish court shall be instituted by affidavit or information charging any offense.
(2) A prosecution for violation of an ordinance and other criminal prosecutions in a city court shall be instituted by affidavit or information charging any offense supported by an affidavit.
(3) Criminal prosecutions in a juvenile court or family court shall be instituted by affidavit, information, or indictment.
Amended by Acts 1974, Ex.Sess. No. 19, §1, eff. Jan. 1, 1975; Acts 1989, No. 8, §1; Acts 1994, 3rd Ex. Sess., No. 83, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 383. Indictment

Art. 383. Indictment
An indictment is a written accusation of crime made by a grand jury. It must be concurred in by not less than nine of the grand jurors, indorsed "a true bill," and the indorsement must be signed by the foreman. Indictments shall be returned into the district court in open court; but when an indictment has been returned for an offense which is within the trial jurisdiction of another court in the parish, the indictment may be transferred to that court.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 386. Institution of prosecution after discharge at preliminary examination; after failure of grand jury to indict

Art. 386. Institution of prosecution after discharge at preliminary examination; after failure of grand jury to indict
Discharge of a defendant after a preliminary examination does not preclude the subsequent filing of an indictment, information, or affidavit against him for the same offense.
The failure or refusal of a grand jury to indict a defendant does not preclude a subsequent indictment by the same or another grand jury, or the subsequent filing of an information or affidavit against him, for the same offense.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 387. Additional information required when prosecuting certain offenses

Art. 387. Additional information required when prosecuting certain offenses
A. When instituting the prosecution of an offense involving a violation of any state law or local ordinance that prohibits the use of force or a deadly weapon against any family member or household member as those terms are defined by R.S. 14:35.3 or that prohibits the use of force or violence against a dating partner as defined by R.S. 14:34.9, the district attorney, or city prosecutor for criminal prosecutions in city court, shall include the following information in the indictment, information, or affidavit:
(1) Date of the offense.
(2) The state identification number of the defendant, if one has been assigned to the defendant for this offense or for any prior offenses.
B. Failure to comply with the provisions of this Article shall not constitute grounds for a motion to quash.
Acts 2015, No. 440, §4; Acts 2017, No. 84, §5.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 388. Additional information provided when prosecuting offenses

Art. 388. Additional information provided when prosecuting offenses
A. When instituting the prosecution of an offense involving a violation of any state law or local ordinance, the prosecuting agency, when authorized to provide information, shall include the following information in the indictment, information, or affidavit, if provided by the booking agency:
(1) Date of the offense.
(2) Date of arrest or summons, if a summons was issued in lieu of an arrest.
(3) The state identification number of the defendant, if one has been assigned to the defendant for the offense or for any prior offenses.
(4) Defendant demographic data to include sex, race, and date of birth, if known.
B. The information provided in Paragraph A of this Article may be provided in a separate document submitted with the bill of information, bill of indictment, or summons to the clerk of court.
C. The booking agency shall provide the information provided in Paragraph A of this Article to the prosecuting agency.
D. The clerk of court shall report the information provided in Paragraph A of this Article, along with the disposition and disposition date, to the supreme court.
E. The supreme court is authorized to report the information provided in Paragraph A of this Article, along with the disposition and disposition date, to the Louisiana Bureau of Criminal Identification and Information.
F. Failure to comply with the provisions of this Article shall not constitute grounds for a motion to quash.
Acts 2023, No. 278, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 401. General qualifications of jurors

TITLE XI
QUALIFICATIONS AND SELECTION OF GRAND
AND PETIT JURORS
Art. 401. General qualifications of jurors
A. In order to qualify to serve as a juror, a person shall meet all of the following requirements:
(1) Be a citizen of the United States and of this state who has resided within the parish in which he is to serve as a juror for at least one year immediately preceding his jury service.
(2) Be at least eighteen years of age.
(3) Be able to read, write, and speak the English language and be possessed of sufficient knowledge of the English language.
(4) Not be under interdiction or incapable of serving as a juror because of a mental or physical infirmity, provided that no person shall be deemed incompetent solely because of the loss of hearing in any degree.
(5) Not be under indictment, incarcerated under an order of imprisonment, or on probation or parole for a felony offense within the five-year period immediately preceding the person's jury service.
B. Notwithstanding any provision in Subsection A, a person may be challenged for cause on one or more of the following:
(1) A loss of hearing or the existence of any other incapacity which satisfies the court that the challenged person is incapable of performing the duties of a juror in the particular action without prejudice to the substantial rights of the challenging party.
(2) When reasonable doubt exists as to the competency of the prospective juror to serve as provided for in Code of Criminal Procedure Article 787.
Amended by Acts 1972, No. 695, §1. Acts 1984, No. 655, §1; Acts 2010, No. 438, §1; Acts 2021, No. 121, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 401.1. Court instructions for interpreter

Art. 401.1. Court instructions for interpreter
A. When a person with a hearing loss is among the petit jury venire, the court shall:
(1) Provide an interpreter for the deaf prospective juror. The interpreter shall be sworn in as an officer of the court.
(2) Permit the interpreter to be present and assist a deaf prospective juror during voir dire.
B. When a deaf or hard of hearing person is summoned for jury duty, the court shall:
(1) Provide an interpreter for the deaf juror. The interpreter shall be sworn in as an officer of the court.
(2) Instruct the interpreter, in the presence of the jury, to:
(a) Make true, literal, and complete translations of all testimony and other relevant colloquy to the deaf juror during the deliberations of the jury.
(b) Refrain from participating in any manner in the deliberations of the jury.
(c) Refrain from having any communications, oral or visual, with any member of the jury regarding the deliberations of the jury except for literal translations of jurors' remarks made during deliberations.
(3) Permit the interpreter to be present and assist a deaf juror during the deliberations of the jury.
(4) Give a special instruction to the interpreter not to disclose any portion of the deliberations with any person following a verdict.
(5) Direct all costs relating to the interpreting services provided, including summoning, voir dire process, and empaneling of a juror in all trials, to be paid by the clerk of court's office through the juror and witness fee account.
C. The verdict of the jury shall be valid notwithstanding the presence of the interpreter during deliberations.
D. All costs relating to the interpreting services provided in this Article shall be paid by the clerk of court's office through the juror and witness fee account.
Added by Acts 1984, No. 655, §1. Acts 1988, No. 446, §1; Acts 1988, No. 775, §1; Acts 2017, No. 146, §14.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 403. Exemption from jury service

Art. 403. Exemption from jury service
Exemptions from jury service shall be as provided by rules of the Louisiana Supreme Court pursuant to Section 33(B) of Article V of the Louisiana Constitution of 1974.
Amended by Acts 1968, No. 108, §1; Acts 1970, No. 450, §1; Acts 1972, No. 35, §1; Acts 1972, No. 282, §1; Acts 1972, No. 523, §1; Acts 1974, Ex.Sess. No. 22, §1, eff. Jan. 1, 1975.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 403.1. Disqualification for undue hardship

Art. 403.1. Disqualification for undue hardship
If the judge who presided over the impaneling of the grand jury finds that a grand juror can no longer serve without undue hardship, he may disqualify such juror and a substitute juror shall be selected in the same manner as for the filling of a vacancy.
Added by Acts 1980, No. 467, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 404.1. Powers, duties, and functions of the board of jury commissioners in Orleans Parish

Art. 404.1. Powers, duties, and functions of the board of jury commissioners in Orleans Parish
A. Notwithstanding any other law to the contrary, this Article shall apply to the board of jury commissioners in Orleans Parish. In Orleans Parish, there shall be a board of jury commissioners, hereinafter referred to as "the board", composed of five members appointed by the governor, subject to confirmation of the Senate, to serve at his pleasure. The board shall meet at least once every six months and when it is ordered to do so by the court and may meet to select or supplement the general venire for grand and petit jurors. Three members shall constitute a quorum. The board may select a new general venire at any meeting and shall do so when ordered by the court.
B. The board in such parishes may, with the concurrence of the judges of the criminal district court, have subpoenas served through personal or domiciliary service by depositing same in the United States mail, regular, certified, or registered, addressed to the juror at his usual residence or business address. The date of mailing shall be not less than fifteen days prior to the date on which the addressee is subpoenaed to appear. When service is by regular mail, the board of jury commissioners shall retain a record of the date of mailing. In cases of service by regular mail, prior to any contempt citation, the person shall be served by registered or certified mail with return receipt requested. If service is made by registered or certified mail with return receipt requested, the return receipt shall be retained by the jury commission as proof of proper service and failure of the person to respond to the subpoena so served shall constitute contempt of court.
C. The municipality which the board serves in such parishes shall cooperate with the board to provide the board with records, computer and other equipment, voter registration rolls, tapes, and other items which it needs to compile the general venire of grand jurors and petit jurors at no cost to the board.
D. The board in such parishes shall develop a plan to govern its operation. Such plan shall be approved by a majority of the judges of the criminal district court of such parishes.
E. The board shall have authority over all its employees, subject to supervision by the criminal district court. The board, by majority vote, shall determine all matters relating to its jurisdiction, subject only to the approval of the judges of the district court or criminal district court.
F. The accounting functions of the board and of the jury commission shall be transferred to the judicial administrator of the criminal district court.
G. All procedures and policies developed by the jury commission shall be under the direction and subject to the approval of the criminal district court, en banc.
Acts 1985, No. 558, §1; Acts 1987, No. 281, §1; Acts 1991, No. 289, §2; Acts 2011, 1st Ex. Sess., No. 16, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 405. Notice of jury commission meetings

Art. 405. Notice of jury commission meetings
A. Each member of the jury commission shall be notified in writing of the time and place designated for a meeting of the commission, at least twenty-four hours prior to the meeting.
B. The notice shall be issued by one of the members or the secretary of the jury commission in Orleans Parish, and by the clerk of court in all other parishes, and shall be served in the manner provided for service of subpoenas.
Acts 2013, No. 220, §26, eff. June 11, 2013.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 406. Powers of jury commission; penalty for disobedience of commission process

Art. 406. Powers of jury commission; penalty for disobedience of commission process
In order to secure qualified jurors, the jury commission may issue subpoenas to compel the attendance of witnesses and the production of evidence relative to the qualifications of prospective jurors. Disobedience of a subpoena of a jury commission is punishable as contempt of court.
Acts 2013, No. 220, §26, eff. June 11, 2013.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 408. Selection of general venire in parishes other than Orleans

Art. 408. Selection of general venire in parishes other than Orleans
A. In parishes other than Orleans, the jury commission shall select impartially at least three hundred persons having the qualifications to serve as jurors, who shall constitute the general venire. A list of persons so selected shall be prepared and certified by the clerk of court as the general venire list, and said list shall be kept as part of the records of the commission. The name and address of each person on the list shall be written on a separate slip of paper, with no designation as to race or color, which shall be placed in a box labeled "General Venire Box."
B. After the jury commission has selected the general venire, it shall lock and seal the general venire box and deliver it to the clerk of court, as the custodian thereof. Alternatively, the list of persons so selected may be retained in a form suitable for use by a properly programmed electronic device commonly known as a computer.
C. The jury commission shall meet at least once every six months and when ordered by the court, and may meet at any time to select or supplement the general venire. The commission may select a new general venire at any meeting and shall do so when ordered by the court.
Amended by Acts 1968, No. 140, §1; Acts 1972, No. 755, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 408.1. Initial selection of general venire; source

Art. 408.1. Initial selection of general venire; source
A. In developing a list of all persons who may be called for grand or petit jury duty:
(1) It shall be determined by each judicial district whether the names of prospective jurors shall be drawn exclusively from voter registration lists or also drawn from other sources or lists.
(2) If the district judges of the judicial district, in their discretion, authorize the use of sources other than voter registration lists in developing grand and petit jury lists, a jury commission shall not draw the names of prospective jurors exclusively from voter registration lists, but shall use other sources or lists of prospective jurors as may be legally available.
B. If the district judges authorize the use of a list of persons issued drivers' licenses as a source from which to choose prospective jurors, such list of drivers shall be provided annually at no cost by the Department of Public Safety and Corrections to the respective clerks of court or jury commissions responsible for preparing the list of prospective jurors. However, such a list shall only be provided to parishes that make written request through the parish clerk of court or jury commission.
Acts 1995, No. 933, §1; Acts 1995, No. 1102, §1; Acts 1997, No. 886, §1; Acts 1998, 1st Ex. Sess., No. 124, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 409. Selection of general venire in Orleans Parish

Art. 409. Selection of general venire in Orleans Parish
A. In the parish of Orleans, the jury commission shall select impartially at least seven hundred fifty persons having the qualifications to serve as jurors, who shall constitute the general venire.
B. A list of the persons so selected shall be prepared and certified by the commission as the general venire list and shall be kept as part of the records of the commission.
C. The name and address of each person on the list shall be written on a separate slip of paper, with no designation as to race or color, which shall be placed in a box labeled "General Venire Box."
D. No drawing shall be made from a general venire containing fewer than seven hundred fifty names, except when the court orders the drawing of tales jurors.
E. After the jury commission has selected the general venire, it shall lock and seal the general venire box and deliver it to the secretary of the commission, as the custodian thereof.
Amended by Acts 1968, No. 140, §2; Acts 2013, No. 220, §26, eff. June 11, 2013.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 409.1. Orleans parish central jury pool

Art. 409.1. Orleans parish central jury pool
A. There is hereby created a central jury pool for the Criminal District Court for the Parish of Orleans which shall be administered by the Jury Commission of the Parish of Orleans as hereinafter provided.
B. In order to properly and adequately administer and operate the central jury pool for the Criminal District Court for the Parish of Orleans, the chairman of the Jury Commissioners for the Parish of Orleans shall designate two jury commissioners each month who shall be specifically charged with the responsibility for administering and operating the central jury pool. The chairman of the jury commissioners shall rotate the responsibility for the administration and operation of the central jury pool amongst the other four jury commissioners so that no jury commissioner shall be assigned to the central jury pool for more than six months out of every twelve months.
C. The Criminal District Court for the Parish of Orleans acting en banc shall by majority vote determine the number of jurors to serve in the central jury pool in any given month, the jury days for that month, and all other matters relative to the operating procedures of the central jury pool.
D. The jury commission shall select the number of jurors to serve in the central jury pool as hereinabove determined by the criminal district court acting en banc and by the method now prescribed by law.
E. The provisions of this Act shall be cumulative of and in addition to the method now prescribed by law for the selection of a jury panel for the Criminal District Court for the Parish of Orleans except that those provisions in conflict with this Act are hereby repealed and declared invalid insofar as they apply to the Criminal District Court for the Parish of Orleans.
Acts 1972, No. 41, §§1 to 5.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 409.2. Jefferson Parish central jury pool

Art. 409.2. Jefferson Parish central jury pool
A. The judges of the Twenty-Fourth Judicial District Court for the parish of Jefferson, sitting en banc by majority vote may create a central jury pool for criminal and/or civil juries for the Twenty-Fourth Judicial District Court for the parish of Jefferson, which shall be administered by the jury commission for the parish of Jefferson as hereinafter provided.
B. The jury selection shall be administered by the jury commission for the parish of Jefferson as provided by law, except that the provisions of Article 417(B) shall not apply to Jefferson Parish.
C. The judges of the Twenty-Fourth Judicial District Court for the parish of Jefferson, acting en banc shall by majority vote determine the system, method, and number of jurors to serve in the central jury pool for criminal and/or civil juries for a given term whether daily, weekly, or monthly, and may specify jury days for a particular term. Likewise, all other matters relative to the operating procedures of the central jury pool shall be determined by the judges of the Twenty-Fourth Judicial District Court for the parish of Jefferson, acting en banc by a majority vote, including the designation of persons to administer the central jury pool.
D. The jury commission shall select the number of jurors to serve in the central jury pool as hereinabove determined by the judges of the Twenty-Fourth Judicial District Court, acting en banc and by the method now prescribed by law for jury selection.
E. The jurors so selected may serve as jurors in either criminal and/or civil matters in the method and manner prescribed by majority vote of the judges of the Twenty-Fourth Judicial District Court for the parish of Jefferson sitting en banc.
F. The provisions of this section shall be cumulative of and in addition to the method now prescribed by law for the selection of jury panels for the Twenty-Fourth Judicial District Court for the parish of Jefferson, except that those provisions in conflict with this Act are hereby repealed and declared invalid insofar as they apply to the Twenty-Fourth Judicial District Court for the parish of Jefferson.
Added by Acts 1976, No. 232, §1; Acts 1995, No. 1012, §1, eff. June 29, 1995; Acts 1995, No. 1273, §1; Acts 1995, No. 1277, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 409.3. Central jury pools; local rules

Art. 409.3. Central jury pools; local rules
A. A district court may, by local rules adopted by majority vote of the judges, create and provide for the manner of administering a central jury pool for criminal and civil cases. The combined Orleans criminal and civil district courts shall be considered a district court for purposes of this Article.
B. Jurors selected to serve in the central jury pool may serve as jurors in either civil or criminal matters, or both.
C. The central jury pool shall be selected at random from persons included within the general venire. The number of persons selected to comprise the central jury pool and their length of service shall be determined pursuant to local court rules.
D. A panel of the central jury pool shall be selected at random from persons in the central jury pool. The number of persons selected to comprise the panel shall be determined pursuant to local court rules but the number shall be no less than three times the number of persons needed to complete the jury and in no event less than ten.
E. The petit jury shall be selected from the one or more central jury pool panels assigned to the court. Persons shall be called from the central jury pool panel at random.
F. Persons selected to serve on a central jury pool panel and not selected to serve on a jury may, pursuant to local court rules, be returned to the central jury pool.
G. The provisions of this Article supplement the methods presently provided by law for selecting jurors.
Added by Acts 1977, No. 372, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 409.4. Nineteenth Judicial District Court central jury pool

Art. 409.4. Nineteenth Judicial District Court central jury pool
A. The Nineteenth Judicial District Court may, by local rules adopted by majority vote of the judges, create and provide for the manner of administering a central jury pool for criminal and civil cases.
B. The central jury pool shall be selected from persons included within the general venire. The number of persons selected to comprise the central jury pool and their length of service shall be determined pursuant to local court rules.
C. Jurors selected to serve in the central jury pool may serve as jurors in either civil or criminal matters, or both.
D. The provisions of this Article supplement the methods presently provided by law for selecting jurors.
Added by Acts 1977, No. 739, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 409.5. One day/one trial jury system

Art. 409.5. One day/one trial jury system
A. A district court may, by local rules adopted by a majority vote of all the judges of that district, create and provide for the manner of administering a one day/one trial jury system for criminal and civil cases. The combined Orleans criminal and civil district courts shall be considered a district court for the purposes of this Article.
B. Unless otherwise provided in this Article, the jurors shall be selected and shall serve in accordance with the provisions of Code of Criminal Procedure Article 409.3.
C. Any juror selected pursuant to this Article shall serve in the central jury pool for a period of not more than one day unless he is selected to serve on a jury or unless extraordinary circumstances warrant, pursuant to local court rules, that he be held over for the continuation of voir dire. Any juror selected to serve on a jury shall serve until he is discharged from the jury.
D. Any district court which adopts rules pursuant to this Article is hereby authorized to provide for (1) audio-visual presentations for the purpose of orienting new jurors and (2) prequalification questionnaires to prospective jurors in order to assist those public officials responsible for selecting qualified jurors for the general venire and central jury pool.
E. No district court may adopt rules pursuant to this Article unless the court has previously determined by majority vote of all the judges that it has sufficient computer availability to assist in the overall management of a one day/one trial jury system.
Added by Acts 1981, No. 178, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 410. Revising and supplementing the general venire

Art. 410. Revising and supplementing the general venire
A. At each commission meeting to revise and supplement the general venire, the commission shall examine the general venire list prepared at the previous selection of the general venire and shall delete therefrom the names of those persons who:
(1) Have served as civil or criminal jurors since the previous selection of the general venire; or
(2) Are known to have died or who have become disqualified to serve as jurors since their selection on the general venire.
B. The slips bearing the names of those persons deleted from the general venire list shall be removed from the general venire box.
C. The commission shall then supplement the list prepared at the previous commission meeting and the corresponding slips in the box by selecting a sufficient number of additional persons in compliance with Article 408 or Article 409 of this Code, whichever is applicable. Where the general venire list is maintained in a form suitable for use by a computer, the general venire shall likewise be deleted and supplemented as provided in this Article.
Amended by Acts 1972, No. 755, §1; Acts 2013, No. 220, §26, eff. June 11, 2013; Acts 2014, No. 791, §21.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 411. Drawing of grand jury venire; disposition of slips; jury box; subpoena of persons on grand jury venire

Art. 411. Drawing of grand jury venire; disposition of slips; jury box; subpoena of persons on grand jury venire
A. Upon order of the court, the jury commission shall select by drawing indiscriminately and by lot from the general venire box the names of a sufficient number of not less than fifty persons from which to empanel a grand jury, with the number to be specified by the court in its order, who shall constitute the grand jury venire. Alternatively, the grand jury venire may be drawn with the use of a properly programmed electronic device. A grand jury venire shall not be drawn from a general venire containing fewer than three hundred names.
B. The slips containing the names of the persons so drawn shall be placed in an envelope which shall be sealed and the words "Grand Jury Venire" written thereon.
C. The sealed envelope shall be placed in a box labeled "Grand Jury Box", which shall be locked and sealed and placed in the custody of the clerk of court for use at the next term of court, subject to the orders of the district court, as hereinafter provided.
D.(1) The clerk shall prepare subpoenas directed to the persons on the grand jury venire, ordering their appearance in court on the date set by the court for the selection of the grand jury, and shall deliver the subpoenas to the sheriff for service.
(2) The sheriff, at the election of the district judges of the judicial district in which the parish lies, may serve such subpoenas by:
(a) Personal or domiciliary service, or by registered, certified, or regular mail addressed to the juror at his usual residence or business address.
(b) When the service is by mail, the date of mailing shall be not less than fifteen days prior to the date on which the addressee is subpoenaed to appear.
(c) When service is by registered or certified mail, the sheriff shall attach to his return the return receipt of delivery from the United States Post Office showing the disposition of the envelope bearing the summons to the juror.
(d) When service is by regular mail, the return shall show the date of mailing. In case of service by regular mail, prior to any contempt citation, the person shall be served by registered or certified mail with return receipt requested.
(3) The return, with the attached return receipt of delivery, when received by the clerk, shall form part of the record and shall be considered prima facie correct and shall constitute sufficient basis for an action to cite persons for contempt for failure to appear in response thereto.
Amended by Acts 1968, No. 141, §1; Acts 1970, No. 297, §1; Acts 1972, No. 755, §1; Acts 1977, No. 552, §1; Acts 1987, No. 281, §1; Acts 2001, No. 281, §1; Acts 2010, No. 347, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 413. Method of impaneling of grand jury; selection of foreman

NOTE: This provision of law was included in the Unconstitutional Statutes Biennial Report to the Legislature, dated March 14, 2016.
Art. 413. Method of impaneling of grand jury; selection of foreman
A. The grand jury shall consist of twelve persons plus no fewer than two nor more than four alternates qualified to serve as jurors, selected or drawn from the grand jury venire.
B. The sheriff or his designee, or the clerk or a deputy clerk of court, or the jury commissioner shall draw indiscriminately and by lot from the envelope containing the remaining names on the grand jury venire a sufficient number of names to complete the grand jury. The envelope containing the remaining names shall be replaced into the grand jury box for use in filling vacancies as provided in Article 415. The court shall cause a random selection to be made of one person from the impaneled grand jury to serve as foreman of the grand jury.
C. The alternate grand jurors shall receive the charge as provided in Article 432 but shall not be sworn nor become members of the grand jury except as provided in Article 415.
Acts 1990, No. 47, §1; Acts 1999, No. 984, §1; Acts 2001, No. 281, §§1, 2; Acts 2010, No. 347, §1; Acts 2016, No. 389, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 414. Time for impaneling grand juries; period of service

NOTE: This provision of law was included in the Unconstitutional Statutes Biennial Report to the Legislature, dated March 14, 2016.
Art. 414. Time for impaneling grand juries; period of service
A. A grand jury shall be impaneled twice a year in each parish, except in the parish of Cameron in which at least one grand jury shall be impaneled each year.
B. The court shall fix the time at which a grand jury shall be impaneled, but no grand jury shall be impaneled for more than eight months, nor less than four months, except in the parish of Cameron in which the grand jury may be impaneled for a year.
C. Repealed by Acts 2016, No. 389, §3.
D. A grand jury shall remain in office until a succeeding grand jury is impaneled. A court may not discharge a grand jury or any of its members before the time for the impaneling of a new grand jury, except for legal cause.
Acts 1985, No. 675, §1; Acts 2016, No. 389, §§1, 3.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 415. Method of filling vacancies on grand jury

Art. 415. Method of filling vacancies on grand jury
A. When a vacancy occurs on a grand jury, the court shall fill the vacancy by administering the oath to and seating the first alternate if he is still legally qualified and available, or if he is not, by administering the oath to and seating the second, third, or fourth alternate, if still legally qualified and available, in the order in which the alternates were selected, until the vacancy is filled. If a vacancy occurs and there is no alternate legally qualified and available to fill the vacancy, the vacancy shall be filled by ordering the sheriff or his designee, the clerk or deputy clerk of court, or, in Orleans Parish the jury commissioner, to draw indiscriminately and by lot from the envelope containing the remaining names on the grand jury venire a sufficient number of names to complete the grand jury. If the names in the envelope are exhausted before the grand jury is completed, or if a vacancy occurs on the grand jury and no names remain in the envelope, the court shall order the jury commission to withdraw indiscriminately and by lot from the general venire box or through the use of a properly programmed electronic device as provided in Article 411, an additional number of names sufficient to complete the grand jury.
B. If the foreman of the grand jury is, for any reason, unable to act, the court shall cause a random selection to be made of one person from the remaining members of the impaneled grand jury to serve as acting foreman or to serve as foreman of the grand jury. An acting foreman has the powers and duties of the foreman.
Acts 1990, No. 47, §1; Acts 2010, No. 347, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 415.1. Selection of additional grand juries

Art. 415.1. Selection of additional grand juries
Upon the request of the district attorney, the court shall order one or more additional grand juries to be impaneled. Such additional grand juries shall be selected in the same manner and have the same qualifications, duties, powers, and responsibilities, and be subject to the same provisions of law which presently govern grand juries, except as to duration and the duty to inspect facilities as provided by R.S. 15:121. However, no grand jury may concurrently conduct an inquiry into any offense or matter or receive evidence of any offense or matter which is under investigation by another grand jury impaneled in the same parish. These additional grand juries shall be impaneled and presided over by the judge who impaneled the existing regular grand jury or a judge appointed by him to act in his absence.
Acts 1990, No. 74, §1; Acts 2012, No. 119, §1, eff. May 14, 2012.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 415.2. Duration of additional grand juries; extension of impanelment

Art. 415.2. Duration of additional grand juries; extension of impanelment
Grand juries impaneled in accordance with Article 415.1 shall remain impaneled for a period not to exceed one year unless discharged sooner by the court upon motion of the district attorney. Provided, however, that prior to the discharge of a grand jury by the court, a grand jury shall return its report on all offenses and matters presented or pending before it as authorized by the provisions of Article 444. Upon the request of the district attorney, the court may extend this time limit for an extra six months.
Added by Acts 1975, 1st Ex.Sess., No. 45, §1, eff. Feb. 20, 1975. Amended by Acts 1975, No. 569, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 416. Drawing petit jury venire in parishes other than Orleans; term of service

Art. 416. Drawing petit jury venire in parishes other than Orleans; term of service
A. Upon order of court the jury commission in parishes other than Orleans shall draw a petit jury venire. The commission shall draw indiscriminately and by lot thirty name slips from the general venire box, unless directed by the court order to draw a larger number. The persons whose names are so drawn shall be subject to serve as petit jurors for the first week of the next criminal session of court.
The court also may order the commission to draw indiscriminately and by lot as many additional name slips, not less than thirty, as it may direct for each additional week that a petit jury venire may be required, not to exceed two additional weeks. The persons whose names are so drawn shall be subject to serve as petit jurors for the week for which their names were drawn.
Alternatively, for the purpose of drawing a petit jury venire, the jury commission may use an electronic device, commonly known as a computer, which is programmed to draw indiscriminately and by lot.
B. A petit jury venire for the first week of a session shall not be drawn from a general venire containing less than two hundred fifty names, and no petit jury venire for any subsequent week shall be drawn from a general venire containing less than one hundred fifty names.
The commission shall place the slips bearing the names of the petit jury venire for each week in a separate envelope. It shall seal each envelope and write thereon the words "Petit Jury Venire No. 1," "Petit Jury Venire No. 2," and "Petit Jury Venire No. 3." Each envelope shall be placed in a box labeled "Petit Jury Box."
If a petit jury venire does not serve during the week for which it was drawn, the court may order that it serve during any other week of that session of court.
Amended by Acts 1972, No. 755, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 416.1. One-step qualification/summoning

Art. 416.1. One-step qualification/summoning
A. In parishes other than Orleans, at the election of the judges of the judicial district in which the parish lies, the qualification questionnaire, subpoena, and return envelope for each person who may be selected for the petit jury venire shall be prepared by the clerk and delivered in the same computer-generated envelope to the sheriff for service. The sheriff may serve such questionnaire and subpoena by first class mail addressed to such person at his usual residence or business address. The subpoena shall state an appearance date for such person not later than three weeks after the date on which the questionnaire is to be returned.
B. The questionnaire shall contain a section for signature to acknowledge receipt of the accompanying subpoena. The addressee of the subpoena and questionnaire shall fill out, sign, and return the questionnaire in the return envelope by first class mail, within five days of receipt thereof. The signing of the questionnaire shall constitute acknowledgement of receipt of the subpoena and personal service of the subpoena on the addressee.
C. The questionnaire may constitute part of the sheriff's return and may be made part of the record. When served in accordance with this Section, a person may be cited for contempt for failing to appear in response to the subpoena.
Added by Acts 1982, No. 701, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 417. Proces verbal; summoning of petit jurors; parishes other than Orleans

Art. 417. Proces verbal; summoning of petit jurors; parishes other than Orleans
A. In parishes other than Orleans, the clerk of court shall make a proces verbal of the selection of the general venire and of the drawing of the grand jury venire and of the petit jury venire. It shall be certified to by a member of the commission and shall be filed in the clerk's office as a public record.
The clerk shall make a list of the names on the grand jury venire and on the petit jury venire, showing the week for which each petit jury venire is to serve. The lists, together with the general venire list, shall be a part of the proces verbal.
B. The clerk shall cause a copy of the petit jury venire list and grand jury venire list to be published in the official journal of the parish, if there be one, or in some other newspaper published in the parish, or, if there is no official journal or other newspaper in said parish, he shall post a copy of the lists on the door of the courthouse.
C.(1) The clerk shall prepare subpoenas directed to the persons on the petit jury venire and deliver them to the sheriff for service.
(2) The sheriff, at the election of the district judges of the judicial district in which the parish lies, may serve such subpoenas by:
(a) Personal or domiciliary service, or by registered, certified, or regular mail addressed to such juror at his usual residence or business address.
(b) When the service is by mail, the date of mailing shall not be less than fifteen days prior to the date on which the addressee is subpoenaed to appear.
(c) When service is by registered or certified mail, the sheriff shall attach to his return the return receipt of delivery from the United States Post Office showing the disposition of the envelope bearing the summons to the juror.
(d) When service is by regular mail, the return shall show the date of mailing. In case of service by regular mail, prior to any contempt citation, the person shall be served by registered or certified mail with return receipt requested.
(3) The return, with the attached return receipt of delivery, when received by the clerk, shall form part of the record and shall be considered prima facie correct and shall constitute sufficient basis for an action to cite persons for contempt for failure to appear in response thereto.
Amended by Acts 1972, No. 755, §1; Acts 1987, No. 281, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 418. Drawing petit jury venire in Orleans parish; number chosen; term of service; petit jury venire list

Art. 418. Drawing petit jury venire in Orleans parish; number chosen; term of service; petit jury venire list
A. In Orleans Parish upon order of the court the jury commission shall draw a petit jury venire.
B. The jury commission shall draw indiscriminately and by lot as many name slips from the general venire box as a court may direct, not less than seventy-five, for service as petit jurors during the next monthly session of that judge's section of court.
C. The commission shall prepare a list of the persons drawn which shall constitute the petit jury venire list. This list, together with the name slips drawn, shall be delivered to the judge ordering the drawing.
D. The commission shall prepare subpoenas directed to the persons on the petit jury venire and cause them to be served in accordance with the provisions of Article 404.1(B) or R.S. 15:112, as directed by the court.
Acts 1987, No. 281, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 419. Challenge of venire not permitted except for fraud or irreparable injury or systematic exclusion based on race

Art. 419. Challenge of venire not permitted except for fraud or irreparable injury or systematic exclusion based on race
A. A general venire, grand jury venire, or petit jury venire shall not be set aside for any reason unless fraud has been practiced, some great wrong committed that would work irreparable injury to the defendant, or unless persons were systematically excluded from the venires solely upon the basis of race.
B. This article does not affect the right to challenge for cause, a juror who is not qualified to serve.
Acts 1987, No. 638, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 800. Objection to ruling on challenge for cause

NOTE: This provision of law was included in the Unconstitutional Statutes Biennial Report to the Legislature, dated March 14, 2016.
Art. 800. Objection to ruling on challenge for cause
A. A defendant may not assign as error a ruling refusing to sustain a challenge for cause made by him, unless an objection thereto is made at the time of the ruling. The nature of the objection and grounds therefor shall be stated at the time of objection.
B. The erroneous allowance to the state of a challenge for cause does not afford the defendant a ground for complaint, unless the effect of such ruling is the exercise by the state of more peremptory challenges than it is entitled to by law.
Acts 1983, No. 181, §1.