La. Code Crim. Proc. art. 389

Current with operative changes from the 2024 Third Special Legislative Session

Section 389 - Burden of proof; justification of self-defense raised; probable cause

A. In any criminal proceeding in which the justification of self-defense is raised pursuant to R.S. 14:19 or 20, the state shall have the burden to prove beyond a reasonable doubt that the defendant did not act in self-defense.

B. Any defendant intending to assert the justification of self-defense pursuant to R.S. 14:19 or 20 shall provide written notice to the district attorney within ten days after the state has moved for discovery under Article 724. Thereafter, the court may, for good cause shown, allow a defendant to provide such notice at any time before the commencement of the trial.

C. A peace officer shall consider evidence of self-defense in accordance with R.S. 14:19 or 20 when determining if probable cause exists to conduct an arrest.

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SPEAKER OF THE HOUSE OF REPRESENTATIVES

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PRESIDENT OF THE SENATE

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GOVERNOR OF THE STATE OF LOUISIANA

APPROVED:_____________

La. Cr.P. § 389

Added by Acts 2024, No. 729,s. 2, eff. 8/1/2024.