SLS 10RS-743 ENGROSSED
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 233
BY SENATOR HEITMEIER
CRIMINAL PROCEDURE. Provides for the scope of argument and charges by the court
in certain criminal proceedings. (8/15/10)
AN ACT1
To amend and reenact Code of Criminal Procedure Arts. 774 and 806, relative to jury trials;2
to provide for the closing arguments and charges to a jury prior to deliberations; and3
to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Criminal Procedure Arts. 774 and 806 are hereby amended and6
reenacted to read as follows: 7
Art. 774. Argument; scope 8
The argument shall be confined to evidence admitted, to the lack of evidence,9
to conclusions of fact that the state or defendant may draw therefrom, and to the law10
applicable to the case.11
The argument shall not appeal to prejudice. Except in prosecutions for12
offenses punishable by death or life imprisonment, the argument shall not touch13
upon the subject of penalty or punishment.14
The state's rebuttal shall be confined to answering the argument of the15
defendant.16
* * *17 SB NO. 233
SLS 10RS-743 ENGROSSED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Art. 806. Prohibited charges1
The court shall not charge the jury concerning the facts of the case and shall2
not comment upon the facts of the case, either by commenting upon or recapitulating3
the evidence, repeating the testimony of any witness, or giving an opinion as to what4
has been proved, not proved, or refuted. Except in prosecutions for offenses5
punishable by death or life imprisonment, the court shall not charge the jury6
concerning the subject of penalty or punishment.7
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Thomas L. Tyler.
DIGEST
Heitmeier (SB 233)
Present law prohibits arguments in a jury from appealing to prejudice. Proposed law retains
this provision but also provides that except in prosecutions for offenses punishable by death
or life imprisonment, the argument will not touch upon the subject of penalty or punishment.
Present law provides that a court will not charge the jury concerning the facts of a case and
is prohibited from commenting upon the facts, either by commenting upon or recapitulating
the evidence, repeating the testimony of any witness, or giving an opinion as to what has
been proved, not proved, or refuted.
Proposed law retains these provisions in present law and provides that, except in
prosecutions for offenses punishable by death or life imprisonment, a court is prohibited
from charging the jury concerning the subject of penalty or punishment.
Effective August 15, 2010.
(Amends C. Cr. P. Arts. 774 and 806)