SLS 10RS-1740 ORIGINAL
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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. 774
BY SENATOR CLAITOR
CRIMINAL PROCEDURE. Provides relative to waiver of appeal in death penalty cases.
(10/01/10)
AN ACT1
To amend and reenact Code of Criminal Procedure Article 912.1(A), relative to criminal2
procedure; to provide relative to the right to appeal in any case of conviction of a3
capital offense; to provide for notice of the right to waive such appeal; to provide for4
an effective date; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Criminal Procedure Article 912.1(A) is hereby amended and7
reenacted to read as follows: 8
Art. 912.1. Right of appeal and application for review; defendant 9
A. (1) The defendant may appeal to the supreme court from a judgment in a10
capital case in which a sentence of death actually has been imposed.11
(2) Except as provided in Code of Criminal Procedure Article 905.9,12
such defendant may waive his right of appeal. The defendant shall be informed,13
both in writing and orally, of this right to waive appeal at sentencing.14
* * *15
Section 2. This Act shall become effective on October 1, 2010; if vetoed by the16
governor and subsequently approved by the legislature, this Act shall become effective on17 SB NO. 774
SLS 10RS-1740 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
October 1, 2010, or on the day following such approval by the legislature, whichever is later.1
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Laura Gail Sullivan.
DIGEST
Present law (C.Cr.P. Art. 905.9) provides that the Supreme Court of Louisiana shall review
every sentence of death to determine if it is excessive.
Present law (R.S. 15:567) provides for conditions precedent to execution in capital cases,
including the affirmation of a sentence of death pursuant to present law (C.Cr.P. Art. 905.9).
Present law (C.Cr.P. Art. 912.1(A)) allows but does not require the defendant appeal to the
supreme court from a judgment in a capital case in which a sentence of death actually has
been imposed.
Proposed law retains present law and requires that a defendant in a capital case in which a
sentence of death actually has been imposed shall be informed at sentencing of his right to
waive all rights of appeal, except the sentence review provided pursuant to present law.
Provides that this information shall be given both in writing and orally.
Effective October 1, 2010.
(Amends C.Cr.P. Art. 912.1(A))