Amendment vs bill Senate Floor Amendment, #4567, Reese, Adopted vs Enrolled

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ENROLLED Regular Session HOUSE BILL NO.
SFAHB140 539 4567 SENATE FLOOR AMENDMENTS Regular Session Amendments proposed by Senator Reese to Reengrossed House Bill No.
140 BY REPRESENTATIVE COX AN ACT To amend and reenact Children's Code Articles 315(B)(introductory paragraph), 813(C), 815.1(D),818(A),843,and877,toenactChildren'sCodeArticles412(Q), 804(10), and 877.1, and to repeal Children's Code Article 815.1(E), relative to juvenile delinquency proceedings;
140 by Representative Cox AMENDMENT NO.
to provide for confidentiality of records;
1 On page 1, line 2, after "Children's Code Articles"insert "315(B)(introductoryparagraph)," AMENDMENT NO.
to provide relative to the taking of a child into custody;
2 Onpage1,line10,after"Children'sCodeArticles"insert"315(B)(introductoryparagraph)," AMENDMENT NO.
to provide for definitions;
3 On page 1, between lines 12 and 13, insert the following:
to provide relative to juvenile detention;
"Art.
to provide for time limitations relative to juvenile delinquencyproceedings;toproviderelativetothesuspensionandexpirationoftime limitations;
to provide for identification procedures;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
Children's Code Articles 315(B)(introductory paragraph), 813(C), 815.1(D), 818(A), 843, and 877 are hereby amended and reenacted and Children's Code Articles 412(Q), 804(10), and 877.1 are herebyenacted to read as follows:
Art.
Afteradjudication,thecourtinwhichapetitionisfiledshall maytransfer theproceedingif it receivesinformation at anytime that both of thefollowingexist:
Afteradjudication,thecourtinwhichapetitionisfiledshallmaytransfer theproceedingif it receivesinformation at anytime that both of the followingexist:
* * * Art.
* * *" Page 1 of 1
412.
Confidentiality of records;
disclosure exceptions;
sanctions * * * Q.
Nothing in this Section shall prohibit law enforcement officers, prosecuting agencies, or judicial officers from obtaining records relating to delinquency or status offenses proceedings which are relevant to an ongoing delinquency or criminal investigation or proceeding.
A court order shall not be necessary for such access.
However, the custodian of such records may seek a Page 1 of 6 CODING:
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HB NO.
140 ENROLLED protectiveorderprohibitingorlimitingthedisclosureuponashowingofgoodcause thatsuchprotectionisnecessaryintheinterestsofjustice.Allsuchrecordsproduced and the information contained therein shall be protected from disclosure by the recipient outside of the criminal justice system as defined in R.S.
15:572.
* * * Art.
804.
Definitions As used in this Title:
* * * (10) "Custody" means actual confinement in a detention center.
* * * Art.
813.
Taking child into custodywith a court order;
filing of verified complaint;
execution * * * C.
An order directing that a child be taken into custodymaybe executed by a peaceofficeror the child's probation officerhavingterritorialjurisdiction over the child.
The officer shall promptly notify the child's parents that their child has been taken into custodyand promptlynotifythe district attorneyin the jurisdiction where any court order for the child to be taken into custody was issued that the child has been taken into custodybyfiling notice in the court recordwherethe petition on the original charge is pending advising the court of the custodial location of the child with a copy provided to the district attorney and certification of notice provided to thedistrict attorney.
Notification to the district attorneyis requiredeven ifthecourt orderisissuedfromadifferentjurisdiction thantheonewherethechild istakeninto custody.
Theofficershallalsopromptlyconductthechildto theappropriatefacility in accordance with Article 815.
* * * Art.
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815.1.
Alternative to detention programs * * * D.
An alternative to detention program shall be considered a form of detention and the time periods set forth in Articles 854 and 877 shall apply unless Page 2 of 6 CODING:
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HB NO.
140 ENROLLED waived by the child.
No child shall remain enrolled in an alternative to detention program following a disposition hearing, except as an alternative to placement in detention or other out-of-home placement.
E.
An alternativeto detention program is intended to servethe same limited purpose as securedetention as set forth in R.S.
15:1110.
Thechild's participation in analternativeto detentionprogramshall not be consideredan adjudication nor shall it suspend delinquency proceedings.
An alternative to detention program may include rehabilitative components, but continued participation in the program shall not be required post-adjudication, except as an alternative to detention of the child or other out-of-home placement.
Placement of a child in an alternative to detention program does not preclude the child from being referred to treatment programs that are not required as a condition of the child's release from detention.
* * * Art.
818.
Identification procedures A.(1)Achildmayshallbephotographedorfingerprintedinconnectionwith beingtakenintocustodyforthecommissionofeither:afelony-gradedelinquentact.
(1) A felony-grade delinquent act.
(2) A child may be photographed or fingerprinted in connection with being taken into custody for the commission of a misdemeanor-grade delinquent act.
* * * Art.
843.
Time for filing of petition;
child in custody A.
If a child is continued in custody prior to adjudication, the delinquency petition shall be filed within forty-eight hours of five days after the hearing to determine continued custody.
B.
If a child is not continued in custody prior to adjudication, the delinquency petition alleging a misdemeanor-grade delinquent act shall be filed within fifteen days after the hearing to determine continued custody.
C.
If a child is not continued in custody prior to adjudication, the delinquency petition alleging a felony-grade delinquent act shall be filed within thirty days after the hearing to determine continued custody.
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HB NO.
140 ENROLLED B.
D.
If no petition is filed within the applicable time period, the child shall be released.
* * * Art.
877.
Adjudication hearing;
time limitations A.
When the child is charged with a crime of violence as defined in R.S.
14:2(B) and the child is continued in custodypursuant to Chapter 5 of this Title, the adjudication hearing shall commence within sixty ninety days of the appearance to answer the petition.
In all other cases, if the child is continued in custody pursuant to Chapter 5 of this Title, the adjudication hearing shall commence within thirty forty-five days of the appearance to answer the petition.
B.
If the child is not continued in custody, the adjudication hearing shall commence within ninety one hundred twenty days of the appearance to answer the petition.
C.
If the hearing has not been commenced timely, upon motion of the child, the court shall release a child continued in custodyand shall dismiss the petition.
D.
For good cause, the court may extend such period.
Upon the expiration ofthetimelimitationsestablishedbythisArticleanduponwrittenmotiontodismiss that is filed bythe child with certification of notice provided to the district attorney, thecourtshallcommenceacontradictoryhearingwiththedistrictattorneywherethe court shall dismiss the petition if good cause for the delayis not shown.
This right of dismissal is waived unless the motion to dismiss is made prior to adjudication.
D.
If the petition is dismissed pursuant to this Article, there shall be no further proceedings against the child for the same or a lesser offense based on the same facts.
Art.
877.1.
Suspension of time limitations A.
The time limitations established in Article 877 shall be suspended if any of the following occur:
(1) The child, at any time and with the purpose to avoid detection, apprehension,oradjudication,fleesfromthestate,isoutsideofthestate,orisabsent from his usual place of abode or residence within the state.
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HB NO.
140 ENROLLED (2) The child cannot be adjudicated becauseof a finding that the child lacks the mental capacity to proceed and restoration services are ordered pursuant to Article 837(B)(3) or (4), or the matter is continued in accordance with Article 837(D)(3).
(3) The juvenile fails to appear at any proceeding pursuant to actual notice, with proof of such notice appearing in the record.
(4) The child cannot be adjudicated because of the inability to obtain his presencethroughlegalprocess,orforanyothercausebeyondthecontrolofthestate.
B.
TherunningofthetimelimitationsestablishedinArticle877shallresume as follows:
(1) If suspended under Subparagraphs (A)(1)or(A)(3)ofthis Article, when the child is either taken into custody or appears in person in open court where the petition on the original charge is pending, or the district attorney adjudicating the original charge has notice of the child's custodial location.
For purposes of this Paragraph, "notice" means either of the following:
(a) Filing in the court record where the petition on the original charge is pending by either the child or the child's counsel advising the court of the child's custodial location with a copy provided to the district attorney and certification of notice provided to the district attorney.
(b) Filing in the court record where the petition on the original charge is pending by an officer, as provided in Article 813, advising the court of the child's custodial location with a copy provided to the district attorney and certification of notice provided to the district attorney.
(2) If suspended under Subparagraph (A)(2) of this Article, when the court finds the child has the mental capacityto proceed with delinquency proceedings.
(3) If suspended under Subparagraph (A)(4) of this Article, when the cause beyond the state's control that was preventing the child from being adjudicated no longer exists.
C.
After the time limitations established in Article 877 resume pursuant to Paragraph B of this Article, the adjudication proceedings shall commence within Page 5 of 6 CODING:
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HB NO.
140 ENROLLED either the time period that remained before the Article 877 time limitation was suspended or within thirty days, whichever time period is longer.
Section 2.
Children's Code Article 815.1(E) is herebyrepealed in its entirety.
Section 3.
The Louisiana State Law Institute is authorized and directed to arrange in alphabeticalorderandrenumberthedefinitions contained in Children's CodeArticle804 and to correct any cross-references to the renumbered paragraphs if necessary, consistent with the provisions of this Act.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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