SLS 12RS-716 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, 2012
SENATE BILL NO. 296
BY SENATOR KOSTELKA
CRIMINAL PROCEDURE. Constitutional Amendment to permit criminal defendants in
certain cases to waive trial by jury with the consent of the prosecutor and court approval.
(2/3-CA13s1(A))
A JOINT RESOLUTION1
Proposing to amend Article I, Section 17(A) of the Constitution of Louisiana, relative to jury2
trials in criminal cases; to provide with respect to the waiver of a trial by jury; to3
provide that a criminal defendant's waiver of a jury trial shall be contingent upon the4
prosecution's consent and court approval; and to specify an election for the5
submission of the proposition to electors and to provide a ballot proposition.6
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members7
elected to each house concurring, that there shall be submitted to the electors of the state, for8
their approval or rejection in the manner provided by law, a proposal to amend Article I,9
Section 17(A) of the Constitution of Louisiana to read as follows:10
ยง17. Jury Trial in Criminal Cases; Joinder of Felonies; Mode of Trial11
Section 17.(A) Jury Trial in Criminal Cases. A criminal case in which the12
punishment may be capital shall be tried before a jury of twelve persons, all of whom13
must concur to render a verdict. A case in which the punishment is necessarily14
confinement at hard labor shall be tried before a jury of twelve persons, ten of whom15
must concur to render a verdict. A case in which the punishment may be16
confinement at hard labor or confinement without hard labor for more than six17 SB NO. 296
SLS 12RS-716 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
months shall be tried before a jury of six persons, all of whom must concur to render1
a verdict. The accused shall have a right to full voir dire examination of prospective2
jurors and to challenge jurors peremptorily. The number of challenges shall be fixed3
by law. Except in capital cases, a defendant may knowingly and intelligently waive4
his right to a trial by jury but no later than forty-five days prior to the trial date and5
the waiver shall be irrevocable with the approval of the court and the consent of6
the prosecuting attorney.7
* * *8
Section 2. Be it further resolved that this proposed amendment shall be submitted9
to the electors of the state of Louisiana at the statewide election to be held on November 6,10
2012.11
Section 3. Be it further resolved that on the official ballot to be used at said election12
there shall be printed a proposition, upon which the electors of the state shall be permitted13
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as14
follows:15
Do you support an amendment to permit criminal defendants, except in16
capital cases, to waive their right to a trial by jury if the prosecuting attorney17
consents to the waiver and the trial court approves?18
(Amends Article I, Section 17(A))19
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present constitution provides that, except in capital cases, a defendant may knowingly and
intelligently waive his right to a trial by jury, but no later than 45 days prior to the trial date,
and such waiver is irrevocable.
Proposed constitutional amendment provides that, except in capital cases, a defendant may
knowingly and intelligently waive his right to a trial by jury but only with the approval of
the court and the consent of the prosecuting attorney. Proposed constitutional amendment
also deletes the provisions of present constitution that provide that this waiver can be made
no later than 45 days prior to the trial date and that such waiver is irrevocable
Specifies submission of the amendment to the voters at the statewide election to be held on
November 6, 2012.
(Amends Const. Art. I, Sec. 17(A))