CHC 871 - Effect of inconsistent or limiting allegations of a bill of particulars - Louisiana Statutes

Art. 871. Effect of inconsistent or limiting allegations of a bill of particulars

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.