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Most laws the Legislature passes in a regular session go on the books August 1. This year's session leaned hard in one direction. Prosecutors picked up new tools, penalties went up, and a few new crimes were written into the code. A handful of changes cut the other way.

 

Here is what changed on the criminal side, and what it means if you or someone in your family is facing charges in Louisiana.

 

Prosecutors Can Now Move Your Bench Trial to a Different Judge

 

This is the biggest change for anyone charged with a crime, and most people have never heard of it.

 

When you are charged with a felony, you have the right to choose a jury trial or a bench trial, where a judge alone decides the case. Choosing a bench trial has always been a real strategic decision. You knew who your judge was, and you weighed whether that judge was the right person to hear your defense.

 

Under House Bill 310, that changes. In courts with at least three judges, when a defendant waives a jury and elects a bench trial, the prosecutor can have the case pulled from the assigned judge and randomly reassigned to another judge in the division. The judge who has been living with your case does not get to hear it.

 

The Attorney General and the bill's sponsor called it an end to "judge shopping." Whatever you call it, the effect is that the State now has a say over who tries your case when you give up your jury. That is a tool the defense used to hold alone, and it is gone. If you are thinking about waiving a jury, that decision now carries a new risk, and it needs to be made with clear eyes.

 

Harsher Penalties for Repeat DWI

 

House Bill 82 raises the stakes for anyone with a prior DWI on their record. Under the new law, a second DWI carries a $2,000 fine and at least two years in prison without benefits. A fourth DWI can mean at least twelve years behind bars and up to $5,000 in fines. Third and fourth offenses were already felonies in Louisiana. Now the floor is higher.

 

If you are arrested on a second or subsequent DWI after August 1, the exposure is serious and the time to fight it is at the front end, before the case hardens.

 

Sleeping in Public Is Now a Crime

 

House Bill 211, called the "Streets to Success Act," makes it a crime to sleep in a public space that is not a designated campground. That covers sidewalks, underpasses, and parks. A first conviction carries up to $500 in fines, up to six months in jail, or both. Repeat offenders face more.

 

The law also lets local governments set up "Homelessness Courts," where a person charged under the statute can avoid jail by completing at least twelve months of mandatory mental health or substance abuse treatment. Whether that pathway actually exists in a given parish will depend on whether local officials build it.

 

New Crimes for AI-Generated Images

 

Louisiana wrote several new crimes into the code aimed at artificial intelligence.

 

House Bill 119 expands the state's criminal statutes on AI-generated sexual imagery. Anyone who knowingly creates or possesses AI-generated material depicting a minor in sexual conduct faces five to twenty years at hard labor, a fine of up to $10,000, or both, with at least five years to be served without parole, probation, or suspension of sentence. The law also creates new offenses for possessing and sharing AI-generated sexually explicit images of an adult without consent.

 

A separate measure, House Bill 459, requires political advertisements that use materially altered AI images, audio, or video to disclose that AI was used. Violations carry up to $10,000, up to two years, or both.

 

There is also a courtroom piece worth knowing. A 2025 law now governs how AI-generated evidence comes into a Louisiana trial. A party who intends to use it has to give notice before trial, and the judge can hold a hearing to decide whether it is authentic and admissible before a jury ever sees it. If you have a case where a photo, a recording, or a video is doing the heavy lifting, that procedure matters.

 

Police Need a Reason to Stop Your Boat

 

Not every change this year favored the State. Wildlife agents and other officers can no longer randomly stop and board boats in Louisiana waters without cause. Officers now need a reason to initiate a stop, the same basic protection drivers already have on the road. For anyone who spends time on the water, it means an officer cannot pull you over on the water on nothing more than a hunch and use whatever they find.

The Caleb Wilson Hazing Prevention Act

 

House Bill 636 is named for a Southern University student who died in 2025 after a fraternity hazing ritual. The law redefines hazing under state statute, requires annual prevention training for student organizations, and shifts accountability from individual members to entire organizations. A group responsible for a hazing death can be permanently banned, and organizations can no longer dissolve and re-form under a new name to dodge the consequences.

 

Balloon Releases

 

A smaller one that will catch people off guard. Act 196 makes it illegal to intentionally release Mylar or latex helium balloons outdoors, treating an organized release as criminal littering. Memorial releases and graduation send-offs are covered. Biodegradable balloons are the exception.

 

Changes to the Orleans Parish Courts

 

The session also reshaped the courts in New Orleans. The Legislature abolished the Orleans Parish Clerk of Criminal Court and folded those duties into the civil clerk's office. It also passed a measure cutting the number of Criminal District Court judges from twelve to nine, though that reduction takes effect January 1, 2027, not this August. And lawmakers gave themselves new authority to remove judges for malfeasance.

 

These are structural changes, not new crimes, but they affect how CDC runs day to day, and anyone with a case moving through that courthouse will feel the effects over the next year.

 

If You Are Facing Charges

 

Laws like these change the ground under a case before you ever walk into a courtroom. The move that made sense last year may not make sense now, and some of these changes will not show up until you are already in the middle of a case.

 

If you are facing charges in Orleans, Jefferson, or the surrounding parishes, the time to understand your options is early, while decisions are still open. That is the work.

 


Stephen D. Hébert is a criminal defense attorney in New Orleans and Gretna, handling state and federal cases across the greater New Orleans area. Stephen D. Hébert, L.L.C. — 700 Camp Street, Suite 216, New Orleans, LA 70130 — (504) 250-6020 — This email address is being protected from spambots. You need JavaScript enabled to view it..

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