House Bill No. [insert number] amends Code of Criminal Procedure Article 582 to clarify the time limitations for commencing a new trial after a mistrial or when a defendant is granted a new trial. The bill specifies that a new trial can be obtained through a motion for new trial, appeal, post-conviction relief, or any other mechanism provided in state or federal law. The state is required to commence the second trial within one year from the date the new trial is granted or the mistrial is ordered, or within the period established by Article 578, whichever is longer.

Additionally, the bill states that if the state seeks review of the granting of a new trial, the time limitations will not begin until the judgment granting the new trial has become final, which includes the state exhausting all avenues of appeal in the appropriate appellate courts, including the Louisiana Supreme Court. The effective date of the Act will be upon the governor's signature or, if not signed, upon the expiration of the time for bills to become law without signature.