Louisiana 2010 Regular Session

Louisiana Senate Bill SB774 Latest Draft

Bill / Chaptered Version

                            Page 1 of 1
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010	ENROLLED
SENATE BILL NO. 774
BY SENATORS CLAITOR AND DORSEY 
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 upon appointment of14
appellate counsel.15
*          *          *16
Section 2. This Act shall become effective on October 1, 2010; if vetoed by the17
governor and subsequently approved by the legislature, this Act shall become effective on18
October 1, 2010, or on the day following such approval by the legislature, whichever is later.19
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:                         
ACT No. 674