TITLE XXXIII. EMERGENCY OR DISASTER PROVISIONS Art. 941. Legislative findings The legislature hereby finds and declares the following: (1) The state of Louisiana could suffer future catastrophic damage through the occurrence of emergencies and disasters of unprecedented size and destructiveness resulting from terrorist events, enemy attack, sabotage, or other hostile action, or from fire, flood, […]
Art. 942. Definitions As used in this Title: (1) "Affected court" means any appellate, district, parish, city, municipal, traffic, juvenile, justice of the peace, or family court having jurisdiction over criminal prosecutions and proceedings for which the Louisiana Supreme Court has made a determination that the court shall conduct emergency sessions outside its parish or […]
Art. 943. Preemption of conflicting provisions The provisions of this Title shall preempt and supersede but not repeal any conflicting provisions of this Code or any other provision of law. Acts 2005, 1st Ex. Sess., No. 52, §1, eff. Dec. 6, 2005.
Art. 944. Emergency sessions of court; criteria A. When the supreme court makes the determination that an appellate, district, parish, city, municipal, juvenile, traffic, justice of the peace, or family court having jurisdiction over criminal prosecutions and proceedings shall conduct proceedings outside its parish or territorial jurisdiction, the supreme court may order emergency sessions of […]
Art. 945. Venue; affected court; emergency sessions; habeas corpus A. Venue for criminal prosecutions in an affected court shall be changed by operation of law to the parish where the affected court is ordered to conduct criminal sessions for the duration of the emergency sessions. Criminal proceedings may take place in a parish other than […]
Art. 946. Jurisdiction of affected court conducting emergency sessions A. The affected court conducting emergency sessions outside of its parish or territorial jurisdiction pursuant to Article 944 shall retain jurisdiction over all criminal proceedings and prosecutions that would otherwise be conducted by the affected court. B. All court proceedings, grand jury proceedings, hearings, preliminary matters, […]
Art. 947. Affected court conducting emergency sessions; authority and powers An affected court ordered to conduct emergency sessions outside of its parish or territorial jurisdiction pursuant to Article 944 shall retain all authority and powers previously exercised by that court in its parish or territorial jurisdiction. Acts 2005, 1st Ex. Sess., No. 52, §1, eff. […]
Art. 948. Emergency sessions; length; recision; continuation; extensions A. Emergency sessions of court shall continue until the supreme court withdraws, cancels, or rescinds the order authorizing the emergency sessions. The supreme court shall give notice at least ten days prior to the conclusion of the emergency session to the chief judge, the district attorney, the […]
Art. 949. Court costs and fees All court costs, fees, and fines assessed or taxed and collected previously by the affected court prior to the supreme court order authorizing the conducting of emergency sessions shall be assessed, taxed, collected, distributed, and retained in the same amounts by and to the same entities and in the […]
Art. 950. Authority of district attorney in emergency sessions of court A. The district attorney or prosecuting attorney, where applicable, of the affected court conducting emergency sessions of court outside of its parish or territorial jurisdiction pursuant to Article 944 shall have entire charge and control of every criminal prosecution and authority in the host […]
Art. 951. Sheriff; law enforcement officer A. The sheriff and any other law enforcement agency or officer or court official having jurisdiction in the affected court shall have all necessary authority and powers to operate within the host jurisdiction in which the affected court is conducting emergency sessions pursuant to Article 944, including the collection […]
Art. 952. Clerk of affected court A. During the period in which the supreme court has ordered emergency sessions of court pursuant to Article 944, the clerk of court of the affected court is authorized to establish an ancillary office in the host jurisdiction in which the emergency sessions of the court are held. B. […]
Art. 953. Authority of indigent defender board in emergency sessions of court The district public defender, or regional director, where applicable, of the affected court conducting emergency sessions of court outside of its parish or territorial jurisdiction pursuant to Article 944 shall retain the authority for the appointment of attorneys residing in either the parish […]
Art. 954. Jury pool; emergency sessions A. Upon motion by the district attorney and after a contradictory hearing, the court may summon jurors from the host jurisdiction. The district attorney must show that the interests of justice are served by the approval of such motion. B. The summoning of jurors shall be conducted by the […]
Art. 955. Suspension of time limitations in affected courts; ninety days; recision; extensions; exceptions A. The time periods, limitations, and delays established by the provisions of the Code of Criminal Procedure, Children’s Code, Title 15, and Chapter 26 of Title 40 of the Louisiana Revised Statutes of 1950 shall be suspended in the jurisdiction of […]
Art. 956. Appeals; application for supervisory writs An application for a supervisory writ or an appeal from a judgment or ruling of an affected court ordered to conduct emergency sessions shall be taken to the appropriate appellate court which exercised proper appellate or supervisory jurisdiction over the affected court prior to the issuance of the […]
Art. 957. Bail during emergency sessions of court; selected offenses A. Notwithstanding any other provision of law to the contrary, an affected court conducting emergency sessions of court outside of its parish or territorial jurisdiction pursuant to Article 944 may release a defendant on bail through an unsecured personal surety as authorized by Article 317, […]
Art. 958. Suspension of time limitations in declared disaster, emergency, or public health emergency A. Notwithstanding any provision of law to the contrary, if the governor has declared a disaster or emergency pursuant to the provisions of R.S. 29:721 et seq. or a public health emergency pursuant to R.S. 29:760 et seq., the supreme court […]
