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2023 Louisiana Laws › Code of Criminal Procedure › Art. 431. Oath of grand jury

TITLE XII
THE GRAND JURY
Art. 431. Oath of grand jury
The grand jurors shall take the following oath when impaneled:
"As members of the grand jury, do you solemnly swear or affirm that you will diligently inquire into and true presentment make of all indictable offenses triable within this parish which shall be given you in charge, or which shall otherwise come to your knowledge; that you will keep secret your own counsel and that of your fellows and of the state, and will not, except when authorized by law, disclose testimony of any witness examined before you, nor disclose anything which any grand juror may have said, or how any grand juror may have voted on any matter before you; that you will not indict any person through malice, hatred, or ill will, nor fail to indict any person through fear, favor, affection, or hope of reward or gain; but in all of your indictments you will present the truth, according to the best of your skill and understanding?"
The oath shall be read to the grand jury by the clerk, who shall then ask each juror: "Do you take this oath or affirmation?"
The oath shall be administered to every grand juror appointed to fill a vacancy in the grand jury and to every grand juror who was not present at the taking of the oath by the grand jury.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 432. Charge to grand jury

Art. 432. Charge to grand jury
After the oath is administered to the members of the grand jury, the judge shall charge them orally in open court upon their duties, rights, and powers. Upon completion of the charge the judge shall give the grand jury a written copy of the charge.
At any time thereafter, the judge, on his own initiative or on request of the grand jury, may give the grand jury additional charges concerning their duties, rights, and powers. Such additional charges shall be given in open court, and a written copy thereof shall thereafter be given to the grand jury.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 433. Persons present during grand jury sessions

Art. 433. Persons present during grand jury sessions
A.(1) Only the following persons may be present at the sessions of the grand jury:
(a) The district attorney and assistant district attorneys or any one or more of them;
(b) The attorney general and assistant attorneys general or any one or more of them;
(c) The witness under examination;
(d) A person sworn to record the proceedings of and the testimony given before the grand jury; and
(e) An interpreter sworn to translate the testimony of a witness who is unable to speak the English language.
(2) An attorney for a target of the grand jury's investigation may be present during the testimony of said target. The attorney shall be prohibited from objecting, addressing or arguing before the grand jury; however he may consult with his client at anytime. The court shall remove such attorney for violation of these conditions. If a witness becomes a target because of his testimony, the legal advisor to the grand jury shall inform him of his right to counsel and cease questioning until such witness has obtained counsel or voluntarily and intelligently waived his right to counsel. Any evidence or testimony obtained under the provisions of this Subparagraph from a witness who later becomes a target shall not be admissible in a proceeding against him.
B. No person, other than a grand juror, shall be present while the grand jury is deliberating and voting.
C. A person who is intentionally present at a meeting of the grand jury, except as authorized by Paragraph A of this article, shall be in constructive contempt of court.
Amended by Acts 1972, No. 409, §1; Acts 1986, No. 725, §1; Acts 1992, No. 308, §1; Acts 1999, No. 865, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 434. Secrecy of grand jury meetings; procedures for crimes in other parishes

Art. 434. Secrecy of grand jury meetings; procedures for crimes in other parishes
A. Members of the grand jury, all other persons present at a grand jury meeting, and all persons having confidential access to information concerning grand jury proceedings, shall keep secret the testimony of witnesses and all other matters occurring at, or directly connected with, a meeting of the grand jury. However, after the indictment, such persons may reveal statutory irregularities in grand jury proceedings to defense counsel, the attorney general, the district attorney, or the court, and may testify concerning them. Such persons may disclose testimony given before the grand jury, at any time when permitted by the court, to show that a witness committed perjury in his testimony before the grand jury. A witness may discuss his testimony given before the grand jury with counsel for a person under investigation or indicted, with the attorney general or the district attorney, or with the court.
B. Whenever a grand jury of one parish discovers that a crime may have been committed in another parish of the state, the foreman of that grand jury, after notifying his district attorney, shall make that discovery known to the attorney general. The district attorney or the attorney general may direct to the district attorney of another parish any and all evidence, testimony, and transcripts thereof, received or prepared by the grand jury of the former parish, concerning any offense that may have been committed in the latter parish, for use in such latter parish.
C. Any person who violates the provisions of this article shall be in constructive contempt of court.
Amended by Acts 1972, No. 450, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 434.1. Exceptions to grand jury secrecy

Art. 434.1. Exceptions to grand jury secrecy
A. Notwithstanding the provisions of Article 434, the state may disclose to state or federal prosecutors or law enforcement officers, or to investigators on the staff of the district attorney or attorney general, or to expert witnesses, information and documents provided to a grand jury. Any person to whom such disclosure is made shall not engage in further disclosure of the material and shall use the disclosed material solely for purposes of investigation of criminal offenses and enforcement of criminal laws.
B. The district attorney shall also disclose to the defendant material evidence favorable to the defendant that was presented to the grand jury.
C. The district attorney may also disclose to a witness at trial, including the defendant if the defendant testifies, any statement of the witness before the grand jury that is inconsistent with the testimony of that witness.
Acts 2012, No. 842, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 435. Meetings of grand jury

Art. 435. Meetings of grand jury
The grand jury shall meet as directed by the court, or may meet on its own initiative at the direction of nine of its members, at any time and place within the parish. Nine grand jurors shall constitute a quorum, and nine grand jurors must concur to find an indictment.
Amended by Acts 1975, 1st Ex.Sess., No. 45, §2, eff. Feb. 20, 1975.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 437. Inquiry into offenses; authority and duties

Art. 437. Inquiry into offenses; authority and duties
The grand jury shall inquire into all capital offenses and offenses punishable by life imprisonment triable within the parish. It may inquire into other offenses triable by the district court of the parish, and shall inquire into such offenses when requested to do so by the district attorney or ordered to do so by the court.
Acts 2010, No. 663, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 438. Duty of grand juror having knowledge of offense; investigation

Art. 438. Duty of grand juror having knowledge of offense; investigation
If a grand juror knows or has reason to believe that an offense triable by the district court of the parish has been committed, he shall declare such fact to his fellow jurors, who may investigate it. In such investigation or any subsequent criminal proceeding the grand juror shall be a competent witness.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 439. Subpoena of witnesses to appear before the grand jury

Art. 439. Subpoena of witnesses to appear before the grand jury
Upon request of the grand jury or the district attorney, the court shall issue a subpoena for a witness to appear before the grand jury to testify when questioned by the grand jury or district attorney, or both, concerning an offense under investigation. Upon request of the grand jury or the district attorney, the court may also issue a subpoena duces tecum. The issuance, service, and return of a subpoena provided for in this article and the effect of the return and the enforcement of the subpoena shall be as provided in Articles 731 through 737.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 439.1. Witnesses; authority to compel testimony and evidence

Art. 439.1. Witnesses; authority to compel testimony and evidence
A. In the case of any individual who has been or may be called to testify or provide other information at any proceeding before or ancillary to a grand jury of the state, at any proceeding before a court of this state, or in response to any subpoena by the attorney general or district attorney, the judicial district court of the district in which the proceeding is or may be held shall issue, in accordance with Subsection B of this article, upon the request of the attorney general together with the district attorney for such district, an order requiring such individual to give testimony or provide other information which he refuses to give or provide on the basis of his privilege against self-incrimination, such order to become effective as provided in Subsection C of this article.
B. The attorney general together with the district attorney may request an order under Subsection A of this article when in his judgment
(1) the testimony or other information from such individual may be necessary to the public interest; and
(2) such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self incrimination.
C. The witness may not refuse to comply with the order on the basis of his privilege against self incrimination, but no testimony or other information compelled under the order, or any information directly or indirectly derived from such testimony or other information, may be used against the witness in any criminal case, except a prosecution for perjury, giving a false statement or otherwise failing to comply with the order.
D. Whoever refuses to comply with an order as hereinabove provided shall be adjudged in contempt of court and punished as provided by law.
Added by Acts 1972, No. 410, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 440. Administration of oath to witnesses

Art. 440. Administration of oath to witnesses
A witness who is to testify before the grand jury shall first be sworn by the foreman, in accordance with Article 14, to testify truthfully and to keep secret, except as authorized by law, matters which he learns at the grand jury meeting.
Acts 1988, No. 515, §3, eff. Jan. 1, 1989.
{{NOTE: SEE ACTS 1988, NO. 515, §12.}}
2023 Louisiana Laws › Code of Criminal Procedure › Art. 442. Evidence to be received by grand jury

Art. 442. Evidence to be received by grand jury
A grand jury shall hear all evidence presented by the district attorney. It may hear evidence for the defendant, but is under no duty to do so.
When the grand jury has reason to believe that other available evidence will explain the charge, it should order the evidence produced.
A grand jury should receive only legal evidence and such as is given by witnesses produced, or furnished by documents and other physical evidence. However, no indictment shall be quashed or conviction reversed on the ground that the indictment was based, in whole or in part, on illegal evidence, or on the ground that the grand jury has violated a provision of this article.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 444. Action by grand jury

Art. 444. Action by grand jury
A. A grand jury shall have power to act, concerning a matter, only in one of the following ways:
(1) By returning a true bill;
(2) By returning not a true bill; or
(3) By pretermitting entirely the matter investigated.
The grand jury is an accusatory body and not a censor of public morals. It shall make no report or recommendation, other than to report its action as aforesaid.
B. At least nine members of the grand jury must concur in returning "a true bill" or "not a true bill." A matter may be pretermitted by a vote of at least nine members of the grand jury, or as a consequence of the failure of nine of the grand jury members to agree on a finding.
C. A grand jury may make such reports or requests as are authorized by law.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 461. Special definitions

TITLE XIII
INDICTMENT AND INFORMATION
CHAPTER 1. INDICTMENT FORMS
Art. 461. Special definitions
In this Title the terms enumerated shall have the designated meanings:
"Writing" and "written" include words printed, painted, typed, engraved, lithographed, photographed, or otherwise copied, traced, or made visible to the eye.
"Indictment" includes affidavit and information, unless it is the clear intent to restrict that word to the finding of a grand jury.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 462. Form of grand jury indictment

Art. 462. Form of grand jury indictment
The indictment by a grand jury may be in substantially the following form:
In the (Here state the name of the court.) on the ______ day of ______, 20__. State of Louisiana v. A.B. (Here state the name or description of the accused.).
The grand jury of the Parish of ______, charges that A.B. (Here state the name or description of the accused.) committed the offense of ______, in that (Here set forth the offense and transaction according to the rules stated in this Title. The particulars of the offense may be added with a view to avoiding the necessity for a bill of particulars.) contrary to the law of the State of Louisiana and against the peace and dignity of the same.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 463. Form of information

Art. 463. Form of information
The information may be in substantially the following form:
In the (Here state the name of the court.) on the ______ day of ______, 20__. State of Louisiana v. A.B. (Here state the name or description of the accused.).
X.Y., District Attorney for the Parish of ______, charges that A.B. (Here state the name or description of the accused.) committed the offense of ______, in that (Here set forth the offense and transaction according to the rules stated in this Title. The particulars of the offense may be added with a view to avoiding the necessity for a bill of particulars.) contrary to the law of the state of Louisiana and against the peace and dignity of the same.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 464. Nature and contents of indictment

Art. 464. Nature and contents of indictment
The indictment shall be a plain, concise, and definite written statement of the essential facts constituting the offense charged. It shall state for each count the official or customary citation of the statute which the defendant is alleged to have violated. Error in the citation or its omission shall not be ground for dismissal of the indictment or for reversal of a conviction if the error or omission did not mislead the defendant to his prejudice.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 466. Name of defendant

CHAPTER 2. SPECIAL ALLEGATIONS
Art. 466. Name of defendant
In an indictment it is sufficient for the purpose of identifying the defendant to state his true name, or to state the name, appellation, or nickname by which he is known, or if no better way of identifying him is practicable, to state a fictitious name, or to describe him as a person whose name is unknown, or in any other manner. In stating the true name or the name by which the defendant is known or a fictitious name, it is sufficient to state a surname, a surname and one or more given names, or a surname and one or more abbreviations or initials of a given name or names.
If the true name of a defendant identified in the indictment otherwise than by his true name is disclosed by the evidence or is otherwise discovered, the court shall cause the indictment to be amended to show his true name, and the proceedings shall continue against the defendant in his true name.
In no case is it necessary to aver or prove that the true name of the defendant is unknown to the grand jury, complainant, or prosecuting officer.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 467. Naming corporation, partnership or other unincorporated association

Art. 467. Naming corporation, partnership or other unincorporated association
If the defendant is a corporation, it is sufficient to state the corporate name of the defendant in an indictment, or to state any name or designation by which it has been or is known or by which it may be identified, without an averment that it is a corporation or that it was incorporated according to law.
If the defendant is a partnership or other association of persons not incorporated, it is sufficient to state any proper name of the partnership or association, or to state any name or designation by which it is known, or to state the names of all the persons in the partnership or association, or to state the name of one or more persons in the partnership or association referring to the other or others as "another" or "others." It is not necessary to state the legal form of the partnership or association.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 468. Date and time

Art. 468. Date and time
The date or time of the commission of the offense need not be alleged in the indictment, unless the date or time is essential to the offense.
If the date or time is not essential to the offense, an indictment shall not be held insufficient if it does not state the proper date or time, or if it states the offense to have been committed on a day subsequent to the finding of the indictment, or on an impossible day.
All allegations of the indictment and bill of particulars shall be considered as referring to the same date or time, unless otherwise stated.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 469. Venue and place

Art. 469. Venue and place
It is not necessary to state any venue in the body of the indictment, but the state, parish, or other jurisdiction where the indictment is filed shall be taken to be the venue for the offense charged in the indictment.
The place of the commission of the offense need not be alleged in the indictment unless the place of commission is essential to the offense. All allegations in the indictment and bill of particulars shall be considered as referring to the same place, unless stated otherwise.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 473. Identification of victim

Art. 473. Identification of victim
When the name of the person injured is substantial and not merely descriptive, such as when the injury is to the person, as in murder, rape, or battery, the indictment shall state the true name of the victim or the name, appellation, or nickname by which he is known. If the name, appellation, or nickname of the victim is not known, it is sufficient to so state and to describe him as far as possible. In stating any name of a victim it is sufficient to state a surname, a surname and one or more given names, or a surname and one or more abbreviations or initials of a given name or names.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 475. Description of written instruments and printed objects

Art. 475. Description of written instruments and printed objects
When it is necessary to make an averment in an indictment relative to any instrument or object which consists wholly or in part of writing or figures, pictures or designs, it is sufficient to describe the instrument or object by any name or description by which it is usually known or by which it may be identified, or by its purport, without setting forth a copy or facsimile of the whole or any part thereof.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 476. Description of spoken or written matter

Art. 476. Description of spoken or written matter
When it is necessary to make an averment in an indictment relative to any words, whether spoken, written or otherwise recorded, or to any plan, map, or picture, it is sufficient to set forth the words by their general purport, or to describe the plan, map, or picture generally, without setting forth a copy or facsimile thereof.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 478. Judgments and other determinations

Art. 478. Judgments and other determinations
Where a judgment or other determination of, or a proceeding before, any court or official, civil or military, is referred to in an indictment, it is unnecessary to allege the facts conferring jurisdiction on the court or official. It is sufficient to allege generally that the judgment or determination was given or made or the proceeding had, in such manner as identifies the judgment, determination or proceeding.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 480. Conjunctive charging

Art. 480. Conjunctive charging
If an offense may be committed by doing one or more of several acts, or by one or more of several means, or with one or more of several intents, or with one or more of several results, two or more of such acts, means, intents, or results may be charged conjunctively in a single count of an indictment, or set forth conjunctively in a bill of particulars, and proof of any one of the acts, means, intents, or results so charged or set forth will support a conviction.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 481. Theft

Art. 481. Theft
An indictment for theft may include several counts against the same defendant for distinct acts of theft, and the aggregate amount of the thefts shall determine the grade of the offense charged. If a defendant misappropriates money or other things of value, which were entrusted to him by virtue of his office, employment, or any fiduciary relationship, he may be charged in one count with theft of the aggregate amount misappropriated by him during the entire time of his holding the office, employment, or fiduciary relationship.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 482. Alternative offenses; special joinder rules

Art. 482. Alternative offenses; special joinder rules
A. An indictment for theft may also contain a count for receiving stolen things, and the defendant may be convicted of either offense. When two or more persons are jointly indicted for these offenses, any or all of the persons indicted may be found guilty of either of the offenses charged. The district attorney shall not be required to elect between the two offenses charged.
B. An indictment for manslaughter may also contain a count for abortion and the jury may convict of either offense. The district attorney shall not be required to elect between the two offenses charged.
Acts 1988, No. 515, §3, eff. Jan. 1, 1989.
{{NOTE: SEE ACTS 1988, NO. 515, §12.}}
2023 Louisiana Laws › Code of Criminal Procedure › Art. 483. Allegations of prior convictions

Art. 483. Allegations of prior convictions
If it is necessary to allege a prior conviction in an indictment, it is sufficient to allege the name or nature of the offense and the fact, date, and court of the conviction.
An indictment shall not contain an allegation of a prior conviction of the defendant unless such allegation is necessary to fully charge the offense.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 484. Bill of particulars

CHAPTER 3. BILL OF PARTICULARS
Art. 484. Bill of particulars
A motion for a bill of particulars may be filed of right in accordance with Article 521. The court, on its own motion or on motion of the defendant, may require the district attorney to furnish a bill of particulars setting forth more specifically the nature and cause of the charge against the defendant.
Supplemental bills of particulars or a new bill may be ordered by the court at least seven days before the trial begins.
When a bill of particulars is furnished, it shall be filed of record and a copy of the bill shall be given to the defendant.
Amended by Acts 1978, No. 735, §2; Acts 1981, No. 440, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 485. Effect of inconsistent or limiting allegations of bill of particulars

Art. 485. Effect of inconsistent or limiting allegations of bill of particulars
If it appears from the bill of particulars furnished under Article 484, together with any particulars appearing in the indictment, that the offense charged in the indictment was not committed, or that the defendant did not commit it, or that there is a ground for quashing the indictment, the court may on its own motion, and on motion of the defendant shall, order that the indictment be quashed unless the defect is cured. The defect will be cured if the district attorney furnishes, within a period fixed by the court and not to exceed three days from the order, another bill of particulars which either by itself or together with any particulars appearing in the indictment so states the particulars as to make it appear that the offense charged was committed by the defendant, or that there is no ground for quashing the indictment, as the case may be.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 486. Repugnancy; surplusage

CHAPTER 4. DEFECTS; AMENDMENT
Art. 486. Repugnancy; surplusage
An indictment that charges an offense in accordance with the provisions of this Title shall not be invalid or insufficient because it contains repugnant allegations. Unnecessary allegations may be disregarded as surplusage.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 487. Defective indictment; amendment

Art. 487. Defective indictment; amendment
A. An indictment that charges an offense in accordance with the provisions of this Title shall not be invalid or insufficient because of any defect or imperfection in, or omission of, any matter of form only, or because of any miswriting, misspelling, or improper English, or because of the use of any sign, symbol, figure, or abbreviation, or because any similar defect, imperfection, omission, or uncertainty exists therein. The court may at any time cause the indictment to be amended in respect to any such formal defect, imperfection, omission, or uncertainty.
Before the trial begins the court may order an indictment amended with respect to a defect of substance. After the trial begins a mistrial shall be ordered on the ground of a defect of substance.
B. Nothing contained herein shall be construed to prohibit the defendant from entering a plea of guilty to a crime nonresponsive to the original indictment when such a plea is acceptable to the district attorney, and in such case, the district attorney shall not be required to file a new indictment to charge the crime to which the plea is offered.
Amended by Acts 1970, No. 679, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 487.1. Indictment for driving while intoxicated; amendment

Art. 487.1. Indictment for driving while intoxicated; amendment
An indictment which charges operating a vehicle while intoxicated may be amended at any time prior to commencement of the trial to charge a second, third, or fourth offense thereof regardless of whether such second, third, or fourth offense occurred before or after an earlier conviction of operating a vehicle while intoxicated.
Added by Acts 1978, No. 682, §2.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 489. Continuance where amendment prejudicial

Art. 489. Continuance where amendment prejudicial
If it is shown, on motion of the defendant, that the defendant has been prejudiced in his defense on the merits by the defect, imperfection, omission, uncertainty, or variance, with respect to which an amendment is made, the court shall grant a continuance for a reasonable time. In determining whether the defendant has been prejudiced in his defense upon the merits, the court shall consider all the circumstances of the case and the entire course of the prosecution. If it becomes necessary to discharge the original jury from further consideration of the case, the trial before a new jury will not constitute double jeopardy.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 493. Joinder of offenses

Art. 493. Joinder of offenses
Two or more offenses may be charged in the same indictment or information in a separate count for each offense if the offenses charged, whether felonies or misdemeanors, are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan; provided that the offenses joined must be triable by the same mode of trial.
Amended by Acts 1975, No. 528, §2.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 493.1. Joinder of misdemeanors; penalties

Art. 493.1. Joinder of misdemeanors; penalties
Whenever two or more misdemeanors are joined in accordance with Article 493 in the same indictment or information, the maximum aggregate penalty that may be imposed for the misdemeanors shall not exceed imprisonment for more than six months or a fine of more than one thousand dollars, or both.
Acts 1992, No. 313, §1, eff. June 17, 1992.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 493.2. Joinder of felonies; mode of trial

Art. 493.2. Joinder of felonies; mode of trial
Notwithstanding the provisions of Article 493, offenses in which punishment is necessarily confinement at hard labor may be charged in the same indictment or information with offenses in which the punishment may be confinement at hard labor, provided that the joined offenses are of the same or similar character or are based on the same act or transaction or on two or more acts or transactions connected together or constituting parts of a common scheme or plan. Cases so joined shall be tried by a jury composed of twelve jurors, ten of whom must concur to render a verdict.
Acts 1997, No. 559, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 494. Joinder of defendants

Art. 494. Joinder of defendants
Two or more defendants may be charged in the same indictment or information if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses. Such defendants may be charged in one or more counts together or separately and all of the defendants need not be charged in each count.
Amended by Acts 1975, No. 528, §2.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 495.1. Severance of offenses

Art. 495.1. Severance of offenses
If it appears that a defendant or the state is prejudiced by a joinder of offenses in an indictment or bill of information or by such joinder for trial together, the court may order separate trials, grant a severance of offenses, or provide whatever other relief justice requires.
Added by Acts 1975, No. 528, §3. Amended by Acts 1978, No. 466, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 496. Warrant of arrest on indictment or information

CHAPTER 6. PROCEDURE AFTER INDICTMENT
Art. 496. Warrant of arrest on indictment or information
A. When an indictment has been found against a defendant who is not in custody or at large on bail for the offense charged, the court shall issue a warrant for the defendant's arrest, unless the court issues a summons pursuant to Article 497.
B. When an information has been filed against a defendant who is not in custody or at large on bail for the offense charged, the court shall issue a warrant for the defendant's arrest if the information is accompanied by one or more affidavits which establish probable cause to believe that an offense has been committed and that the defendant named in the information committed it, unless the court issues a summons pursuant to Article 497.
Acts 2011, No. 216, §1; Acts 2012, No. 216, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 497. Summons in misdemeanor cases

Art. 497. Summons in misdemeanor cases
If an offense charged by indictment or information is a misdemeanor, the court may issue a summons, instead of a warrant of arrest, if it has reasonable ground to believe that the person will appear in response to a summons. If the court issues a summons, it may later issue a warrant of arrest in place of the summons.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 499. AIDS testing of the accused

Art. 499. AIDS testing of the accused
A. A person against whom charges have been filed for a sex offense as defined in R.S. 15:541 either by indictment or information shall, at the direction of the court, undergo a medical procedure or test designed to determine or aid in determining whether the person has a sexually transmitted disease, or is infected with the acquired immune deficiency syndrome (AIDS) virus, the human immuno deficiency virus (HIV-1) infection, any antibodies to such viruses, or with any other probable causative agent of AIDS.
B. The court shall include in its order the designation of an appropriate facility for the procedure, and shall require that the result be reported to the court. The court may in its discretion provide the results to the victim of the offense, and shall provide them to health authorities in accordance with law.
C. The state shall not use the fact that the medical procedure or test was performed on the alleged offender under this Article, or the results thereof, in any criminal proceeding arising out of the alleged offense.
Acts 1991, No. 316, §1; Acts 2006, No. 23, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 512. Assignment of counsel in capital cases

Art. 512. Assignment of counsel in capital cases
When a defendant charged with a capital offense appears for arraignment without counsel, the court shall provide counsel for his defense in accordance with the provisions of R.S. 15:141 et seq. Such counsel must be assigned before the defendant pleads to the indictment, but may be assigned earlier. Counsel assigned in a capital case must have been admitted to the bar for at least five years. An attorney with less experience may be assigned as assistant counsel.
Amended by Acts 1976, No. 653, §2; Acts 2010, No. 861, §2.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 513. Assignment of counsel in other cases

Art. 513. Assignment of counsel in other cases
In the case of an offense punishable by imprisonment, when the defendant appears for arraignment without counsel, the court shall inform him before he pleads to the indictment of his right to have counsel appointed to defend him if he is indigent. When a defendant states under oath that he desires counsel but is indigent, and the court finds the statement of indigency to be true, before the defendant pleads to the indictment, the court shall provide counsel for the defendant, in accordance with R.S. 15:141 et seq.
Amended by Acts 1974, Ex.Sess. No. 22, §1, eff. Jan. 1, 1975; Acts 1976, No. 653, §2; Acts 2010, No. 861, §2.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 517. Joint representation of co-defendants; duty of court

Art. 517. Joint representation of co-defendants; duty of court
A. Whenever two or more defendants have been jointly charged in a single indictment or have moved to consolidate their indictments for a joint trial, and are represented by the same retained or appointed counsel or by retained or appointed counsel who are associated in the practice of law, the court shall inquire with respect to such joint representation and shall advise each defendant on the record of his right to separate representation.
B. Unless it appears that there is good cause to believe that no conflict of interest is likely to arise, the court shall take such measures as may be appropriate to protect each defendant's right to counsel.
Acts 1997, No. 889, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 521. Time for filing of pretrial motions

TITLE XIV-A
PRETRIAL MOTIONS
Art. 521. Time for filing of pretrial motions
A. Pretrial motions shall be made or filed within thirty days after receipt of initial discovery, unless a different time is provided by law or fixed by the court upon a showing of good cause why thirty days is inadequate.
B. Upon written motion at any time and a showing of good cause, the court shall allow additional time to file pretrial motions.
C. If by pretrial motion the state or the defendant requests discovery or disclosure of evidence favorable to the defendant, then the court shall fix a time by which the state or the defendant shall respond to the motion.
Added by Acts 1978, No. 735, §1; Amended by Acts 1981, No. 440, §1; Acts 2012, No. 842, §1; Acts 2020, No. 252, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 522. Hearings on motions; audio-visual appearance

Art. 522. Hearings on motions; audio-visual appearance
A. If provided by local rule of the court, a defendant's appearance at the seventy-two hour hearing and the initial setting of bail may be by simultaneous transmission through audio-visual electronic equipment.
B. If provided by local rule of the court and approved by the defense counsel, a defendant's appearance at any pretrial motion or at any hearing on a pretrial motion, except as provided in Paragraph A of this Article, may be by simultaneous transmission through audio-visual electronic equipment.
Acts 1997, No. 1015, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 523. Notice for hearing of pretrial motions; dismissal

Art. 523. Notice for hearing of pretrial motions; dismissal
A. When the court sets a date for a contradictory hearing of any pretrial motion filed by the defendant, in addition to any other method of service provided for by law, notice of the date of such hearing may be served upon the defendant by mailing notice to the counsel of record.
B. Failure of a defendant who is not incarcerated, or failure of his attorney, to appear for the hearing of a pretrial motion filed by the defendant shall be grounds for dismissal by the court.
C. On oral or written motion of the district attorney, the court may dismiss the defendant's pretrial motion upon either of the following:
(1) The second failure to appear by the defendant or his counsel, after actual notice, for the hearing of a pretrial motion filed by the defendant, when the hearing for such motion was previously reset due to the defendant's failure to appear on the date that the hearing was originally set.
(2) The first failure to appear by the defendant or his counsel, after actual notice, for the hearing of a pretrial motion filed by the defendant, when the defendant has previously failed to appear in court for any other proceeding in the case.
Acts 2010, No. 713, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 531. Motion to quash; nature of motion

TITLE XV
MOTION TO QUASH
Art. 531. Motion to quash; nature of motion
All pleas or defenses raised before trial, other than mental incapacity to proceed, or pleas of "not guilty" and of "not guilty and not guilty by reason of insanity," shall be urged by a motion to quash.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 532. General grounds for motion to quash

Art. 532. General grounds for motion to quash
A motion to quash may be based on one or more of the following grounds:
(1) The indictment fails to charge an offense which is punishable under a valid statute.
(2) The indictment fails to conform to the requirements of Chapters 1 and 2 of Title XIII. In such case the court may permit the district attorney to amend the indictment to correct the defect.
(3) The indictment is duplicitous or contains a misjoinder of defendants or offenses. In such case the court may permit the district attorney to sever the indictment into separate counts or separate indictments.
(4) The district attorney failed to furnish a sufficient bill of particulars when ordered to do so by the court. In such case the court may overrule the motion if a sufficient bill of particulars is furnished within the delay fixed by the court.
(5) A bill of particulars has shown a ground for quashing the indictment under Article 485.
(6) Trial for the offense charged would constitute double jeopardy.
(7) The time limitation for the institution of prosecution or for the commencement of trial has expired.
(8) The court has no jurisdiction of the offense charged.
(9) The general venire or the petit jury venire was improperly drawn, selected, or constituted.
(10) The individual charged with a violation of the Uniform Controlled Dangerous Substances Law has a valid prescription for that substance.
Acts 2009, No. 265, §2.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 533. Special grounds for motion to quash grand jury indictment

Art. 533. Special grounds for motion to quash grand jury indictment
A motion to quash an indictment by a grand jury may also be based on one or more of the following grounds:
(1) The manner of selection of the general venire, the grand jury venire, or the grand jury was illegal.
(2) An individual grand juror was not qualified under Article 401.
(3) A person, other than a grand juror, was present while the grand jurors were deliberating or voting, or an unauthorized person was present when the grand jury was examining a witness.
(4) Less than nine grand jurors were present when the indictment was found.
(5) The indictment was not indorsed "a true bill," or the endorsement was not signed by the foreman of the grand jury.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 535. Time to file motion to quash

Art. 535. Time to file motion to quash
A. A motion to quash may be filed of right at any time before commencement of the trial, when based on the ground that:
(1) The offense charged is not punishable under a valid statute;
(2) The indictment does not conform with the requirements of Chapters 1 and 2 of Title XIII;
(3) Trial for the offense charged would constitute double jeopardy;
(4) The time limitation for the institution of prosecution has expired;
(5) The court has no jurisdiction of the offense charged; or
(6) The information charges an offense for which prosecution can be instituted only by a grand jury indictment.
(7) The individual charged with a violation of the Uniform Controlled Dangerous Substances Law has a valid prescription for that substance.
These grounds may be urged at a later stage of the proceedings in accordance with other provisions of this Code.
B. A motion to quash on the ground that the time limitation for commencement of trial has expired may be filed at any time before commencement of trial.
C. A motion to quash on grounds other than those stated in Paragraphs A and B of this Article shall be filed in accordance with Article 521.
D. The grounds for a motion to quash under Paragraphs B and C are waived unless a motion to quash is filed in conformity with those provisions.
E. The court may, in order to avoid a continuance, defer a hearing on a motion to quash until the end of the trial.
Amended by Acts 1978, No. 735, §2; Acts 2009, No. 265, §2.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 536. Form and contents of motion to quash; place to file

Art. 536. Form and contents of motion to quash; place to file
A motion to quash shall be in writing, signed by the defendant or his attorney, and filed in open court or in the office of the clerk of court. It shall specify distinctly the grounds on which it is based. The court shall hear no objection based on grounds not stated in the motion.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 538. Effect of sustaining motion to quash

Art. 538. Effect of sustaining motion to quash
The court shall order the defendant discharged from custody or bail, as to that charge, when it sustains a motion to quash based upon the ground that:
(1) The offense is not punishable under a valid statute;
(2) Trial for the offense charged would constitute double jeopardy;
(3) The time limitation for the institution of prosecution or for the commencement of trial has expired; or
(4) The court has no jurisdiction of the offense charged.
In other cases, when a motion to quash is sustained, the court may order that the defendant be held in custody or that his bail be continued for a specified time, pending the filing of a new indictment.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 551. Arraignment of defendant

TITLE XVI. ARRAIGNMENT AND PLEAS
Art. 551. Arraignment of defendant
A. The arraignment consists of the reading of the indictment to the defendant by the clerk in open court, and the court calling upon the defendant to plead. Reading of the indictment may be waived by the defendant at the discretion and with the permission of the court. The arraignment and the defendant's plea shall be entered in the minutes of the court and shall constitute a part of the record.
B. The court may, by local rule, provide for the defendant's appearance at the arraignment and the entry of his plea by way of simultaneous transmission through audio-visual electronic equipment.
Acts 1990, No. 543, §1; Acts 1990, No. 593, §1; Acts 2017, No. 406, §1; Acts 2020, No. 160, §1.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 551.1. Substitution of railroad defendant at arraignment

Art. 551.1. Substitution of railroad defendant at arraignment
A. Subject to the provisions of Paragraph D, at arraignment and upon verified motion of the railroad employer of an employee-defendant charged with a violation of a parish or municipal ordinance, the railroad employer shall be substituted as defendant in the proceedings in accordance with the provisions of Paragraphs B and C.
B. Any railroad employer seeking to be substituted as the defendant in any proceeding citing its employee for a violation of any parish or municipal ordinance must file a verified motion setting forth the facts that the defendant is its employee, and at the time of the violation, the defendant was in the employ of the railroad employer and was performing his duties and functions in the course and scope of his employment which caused the violation, in accordance with the rules and regulations or instructions of the employer.
C. Subject to the provisions of Paragraph D, upon the timely filing of the motion to substitute defendant by the railroad employer, the railroad employer shall be substituted as the defendant in the proceedings, the individual employee shall be dismissed as a defendant, and the charges against the individual employee shall be erased from the record, at which time the railroad defendant shall be the sole defendant and entity responsible for the violation of the parish or municipal ordinance as originally cited.
D. The provisions of this Article shall not apply to or be available in prosecutions involving the alleged consumption of alcohol or controlled dangerous substances.
Acts 1993, No. 360, §1, eff. June 3, 1993.
2023 Louisiana Laws › Code of Criminal Procedure › Art. 552. Pleas at the arraignment

Art. 552. Pleas at the arraignment
There are four kinds of pleas to the indictment at the arraignment:
(1) Guilty;
(2) Not guilty;
(3) Not guilty and not guilty by reason of insanity; or
(4) Nolo contendere, which plea a court may in its discretion accept only if the offense charged is not a capital offense. If a court accepts such a plea, it shall impose sentence or place the defendant on probation, or release him during his good behavior, in accordance with the laws applicable to the offense. A sentence imposed upon a plea of nolo contendere is a conviction and may be considered as a prior conviction and provide a basis for prosecution or sentencing under laws pertaining to multiple offenses, and shall be a conviction for purposes of laws providing for the granting, suspension or revocation of licenses to operate motor vehicles.
Amended by Acts 1972, No. 453, §1; Acts 1977, No. 534, §1.