Louisiana Code of Criminal Procedure 958 – Suspension of time limitations in declared disaster, emergency, or public health emergency
Terms Used In Louisiana Code of Criminal Procedure 958
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
A. Notwithstanding any provision of law to the contrary, if the governor has declared a disaster or emergency pursuant to the provisions of La. Rev. Stat. 29:721 et seq. or a public health emergency pursuant to La. Rev. Stat. 29:760 et seq., the supreme court is authorized to issue an order, or series of orders as it determines to be necessary and appropriate, that shall have the full force and effect of suspending all time periods, limitations, and delays pertaining to the initiation, continuation, prosecution, defense, appeal, and post-conviction relief of any prosecution of any state or municipal criminal, juvenile, wildlife, or traffic matter within the state of Louisiana including but not limited to any such provisions in this Code, the Children’s Code, and Titles 14, 15, 32, 40, and 56 of the Louisiana Revised Statutes of 1950, or in any other provision of Louisiana law, for a determinate period of thirty days except as otherwise provided by this Article.
B. The thirty-day period provided for in this Article shall commence to run from the date the supreme court issues the order or from a particular date specified by the supreme court in the order, whichever is earlier.
C. The thirty-day period provided in Paragraph A of this Article may be extended by further order of the supreme court for additional successive periods with each period not exceeding thirty days.
D. The period of suspension authorized by the provisions of this Article shall terminate upon order of the supreme court or upon termination of the declared disaster, emergency, or public health emergency, whichever is earlier.
E. The provisions of this Article shall not apply to Articles 230.1, 230.2, and 232 and Children’s Code Articles 624 and 819.
F. Nothing in this Article shall be construed to negate or impair the application of any other provision of law regarding the suspension or interruption of time periods, limitations, or delays.
Acts 2020, No. 285, §1, eff. June 11, 2020.