Louisiana Children’s Code 871 – Effect of inconsistent or limiting allegations of a bill of particulars
Terms Used In Louisiana Children's Code 871
- Child: means any person under the age of twenty-one, including an emancipated minor, who commits a delinquent act before attaining seventeen years of age. See Louisiana Children's Code 804
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Delinquent act: means an act committed by a child of ten years of age or older which if committed by an adult is designated an offense under the statutes or ordinances of this state, or of another state if the offense occurred there, or under federal law, except traffic violations. See Louisiana Children's Code 804
A. The court shall dismiss the petition unless its defects are cured by a supplemental bill of particulars if it finds from the bill of particulars and the petition either that:
(1) No delinquent act cognizable under the provisions of this Code was committed.
(2) The child named in the petition did not commit the delinquent act charged.
B. The defect will be cured if the district attorney furnishes, within a period fixed by the court, not to exceed three days from the order, another bill of particulars which either by itself or together with any particulars appearing in the petition so states the particulars as to make it appear that the offense charged was committed by the defendant.
C. If the district attorney fails to furnish a sufficient bill of particulars when ordered to do so by the court, the court may dismiss the petition.
Acts 1991, No. 235, §8, eff. Jan. 1, 1992.