HLS 12RS-1141 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 836
BY REPRESENTATIVE HAZEL
CRIMINAL/PROCEDURE: Provides relative to the appearance by the Board of Pardons
at certain sentencing hearings
AN ACT1
To amend and reenact Code of Criminal Procedure Article 905.2(B), relative to sentencing2
hearings in capital cases; to provide that members of the Board of Pardons shall not3
be required to appear at sentencing hearings for capital cases; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Criminal Procedure Article 905.2(B) is hereby amended and7
reenacted to read as follows: 8
Art. 905.2. Sentencing hearing; procedure and evidence; jury instructions9
* * *10
B. Notwithstanding any provision to the contrary, the court shall instruct the11
jury that under the provisions of the state constitution, the governor is empowered12
to grant a reprieve, pardon, or commutation of sentence following conviction of a13
crime, and the governor may, in exercising such authority, commute or modify a14
sentence of life imprisonment without benefit of parole to a lesser sentence including15
the possibility of parole, and may commute a sentence of death to a lesser sentence16
of life imprisonment without benefit of parole. The court shall also instruct the jury17
that under this authority the governor may allow the release of an offender either by18
reducing a life imprisonment or death sentence to the time already served by the19
offender or by granting the offender a pardon. The defense may argue or present20 HLS 12RS-1141 ORIGINAL
HB NO. 836
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
evidence to the jury on the frequency and extent of use by the governor of his1
authority. The provisions of this Paragraph shall not be construed to require that2
members of the Board of Pardons attend sentencing hearings for capital cases.3
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Hazel HB No. 836
Abstract: Provides that members of the Board of Pardons shall not be required to attend
capital sentencing hearings.
Present law provides for sentencing hearings for capital offenses.
Present law further provides that the court shall instruct the jury that under the provisions
of the state constitution, the governor is empowered to grant a reprieve, pardon, or
commutation of sentence following conviction of a crime, and the governor may, in
exercising such authority, commute or modify a sentence of life imprisonment without
benefit of parole to a lesser sentence including the possibility of parole, and may commute
a sentence of death to a lesser sentence of life imprisonment without benefit of parole. The
court shall also instruct the jury that, under this authority, the governor may allow the release
of an offender either by reducing a life imprisonment or death sentence to the time already
served by the offender or by granting the offender a pardon. The defense may argue or
present evidence to the jury on the frequency and extent of use by the governor of his
authority.
Proposed law retains the provisions of present law and provides that present law shall not
be construed to require that members of the Board of Pardons attend sentencing hearings for
capital cases.
(Amends C.Cr.P. Art. 905.2(B))