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ACT No. 106
Regular Session, 2012
HOUSE BILL NO. 836
BY REPRESENTATIVE HAZEL
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
evidence to the jury on the frequency and extent of use by the governor of his 21 ENROLLEDHB NO. 836
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authority. The provisions of this Paragraph shall not be construed to require that1
members of the Board of Pardons attend sentencing hearings for capital cases.2
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: