Louisiana Code of Criminal Procedure 388 – Additional information provided when prosecuting offenses
Terms Used In Louisiana Code of Criminal Procedure 388
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Arrest: Taking physical custody of a person by lawful authority.
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Summons: Another word for subpoena used by the criminal justice system.
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.