RS 13:1344

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RS 13:1344

§1344. Homicide section; Orleans Parish Criminal District Court; assignment of judges; jurisdiction; transfer of cases; expedited handling of writs and appeals; applicability of section to other district courts

A. The judges of the Criminal District Court for the parish of Orleans who are in office on August 15, 2009, may create the homicide section of that court, by rule of court adopted by the judges sitting en banc. The rule may designate not less than one incumbent judge who may be assigned to a homicide section in accordance with the rules of the Criminal District Court for the parish of Orleans.

B. Any homicide section may be assigned the following cases:

(1)Solicitation for murder (R.S. 14:28.1)

(2)First degree murder (R.S. 14:30)

(3)Second degree murder (R.S. 14:30.1)

(4)Manslaughter (R.S. 14:31)

(5)First degree feticide (R.S. 14:32.6)

(6)Assault by drive-by shooting (R.S. 14:37.1)

(7)Second degree feticide (R.S. 14:32.7)

(8)Aggravated assault upon a peace officer with a firearm (R.S. 14:37.2)

(9)Aggravated assault with a firearm (R.S. 14:37.4)

(10)Attempt to commit the crimes enumerated in Paragraphs

(1)through

(4)and

(6)of this Subsection.

(11)Any other crime committed using a firearm as designated by the judges en banc.

C. If a homicide division is created by the judges of the Criminal District Court for the Parish of Orleans, cases shall be assigned to the homicide section. If more than one homicide section is created, cases shall be assigned by random allotment among those sections. As to cases pending in the criminal district court at the time any homicide section is created the judge of each division shall determine which cases on the court's docket are enumerated in Paragraphs (B)(1) through

(11)of this Section. The criminal district court en banc shall determine which cases shall be transferred to a homicide section. Any judge of the criminal district court, on his own motion, may transfer any such case by signing the necessary order to transfer the case to a homicide section respecting the principle of random allotment.

D. Any homicide section, court, or division adopted pursuant to R.S. 13:587.4 shall conform to the extent practicable to the provisions of this Section.

Acts 2009, No. 215, §1, eff. June 30, 2009; Acts 2012, No. 474, §4(B)(2).