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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. 5
BY SENATOR MURRAY
CRIMINAL PROCEDURE. Provides relative to trial by jury. (8/1/12)
AN ACT1
To amend and reenact Code of Criminal Procedure Article 793, 801, and 808, relative to2
jury trials; to provide for use of evidence during jury deliberations; to provide for3
note taking; to provide for evidence in jury room; to provide for jury charges; and4
to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Criminal Procedure Article 793, 801, and 808 are hereby7
amended and reenacted to read as follows: 8
Art. 793. Use of Taking evidence in to jury room; reading of recorded testimony;9
jurors' notes 10
A. Except as provided in Paragraph B of this Article, a juror must rely upon11
his memory in reaching a verdict. He shall not be permitted to refer to notes or to12
have access to any written evidence. Testimony shall not be repeated to the jury.13
Upon the request of a juror and in the discretion of the court, the jury may take with14
it or have sent to it any object or document received in evidence when a physical15
examination thereof is required to enable the jury to arrive at a verdict. Jurors shall16
be permitted to take notes and the court shall provide the needed writing17 SB NO. 5
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
implements.1
B. A juror shall be permitted to take notes when agreement to granting such2
permission has been made between the defendant and the state in open court but not3
within the presence of the jury. The court shall provide the needed writing4
implements. Jurors may, but need not, take notes and such notes may be used during5
the jury's deliberations but shall not be preserved for review on appeal. The trial6
judge shall ensure the confidentiality of the notes during the course of trial and the7
jury's deliberation and shall cause the notes to be destroyed immediately upon return8
of the verdict. Jurors may, but need not, take notes and such notes as are taken9
may be used during the jury's deliberations. However, such notes shall not be10
preserved for review on appeal. The trial judge shall ensure the confidentiality11
of the notes during the course of the trial and the jury's deliberations. At each12
recess prior to jury deliberation, the court shall collect and maintain any and13
all notes made by each juror and upon reconvening, the court shall return to14
each juror his individual notes. Immediately upon return of the jury's verdict,15
the court shall cause the notes to be destroyed.16
C. The lack of consent by either the defendant or the state to allow a juror to17
take notes during a trial shall not be communicated to the jury. The court may18
allow the jury to take with them any object or writing received in evidence,19
except depositions and except as otherwise provided in the Louisiana Code of20
Evidence.21
* * *22
Art. 801. Time for charge; when written charge required23
A. The court shall charge the jury after the presentation of all evidence and24
arguments. The court shall reduce its charge to writing and read the charge to the25
jury. if it is requested to do so by either a defendant or the state prior to the swearing26
of the first witness at the trial on the merits. The court's written charge shall be read27
to the jury. The court shall deliver a copy thereof to the defendant and to the state28
prior to reading it to the jury.29 SB NO. 5
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
B.(1) After such written charge is read to the jury, a copy of the written1
charge shall be delivered to the jury if such delivery is consented to by both the2
defendant and the state in open court but not in the presence of the jury. the court3
shall further instruct the jury that it may take with it or have sent to it a written4
copy of all charges.5
(2) The lack of consent by either the defendant or the state to the delivery of6
the written charge to the jury shall not be communicated to the jury.7
C. A party may not assign as error the giving or failure to give a jury charge8
or any portion thereof unless an objection thereto is made before the jury retires or9
within such time as the court may reasonably cure the alleged error. The nature of10
the objection and grounds therefor shall be stated at the time of objection. The court11
shall give the party an opportunity to make the objection out of the presence of the12
jury.13
* * *14
Art. 808. Manner of giving further charges after jury retires15
If the jury or any member thereof, after having retired to deliberate upon the16
verdict, desires further charges, the officer in charge shall bring the jury into the17
courtroom, and the court shall in the presence of the defendant, his counsel, and the18
district attorney, further charge the jury. The further charge may be verbal, but shall19
be in writing if requested by any juror. No charge shall be reduced to writing at the20
request of a juror pursuant to this Article unless consent is obtained from both the21
defendant and the state in open court but not within the presence of the jury. The lack22
of consent by either the defendant or the state shall not be communicated to the jury.23
A copy of the court's written charge shall be delivered to the defendant, the state, and24
the jury.25 SB NO. 5
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Murray (SB 5)
Present law prohibits testimony from being repeated to a jury and, in most instances, restricts
a juror from referring to any notes or having access to any written evidence.
Present law provides that upon the request of a juror and in the discretion of the court, the
jury may take with it or have sent to it any object or document received in evidence when
a physical examination thereof is required to enable the jury to arrive at a verdict.
Present law provides a procedure whereby jurors may be permitted to take notes during a
trial.
Present law requires that confidentially of the notes during the trial and the jury's
deliberation shall be preserved by the trial judge. The trial judge will cause the notes to be
destroyed immediately upon return of the verdict.
Present law provides that lack of consent by either the defendant or the state to allow a juror
to take notes during a trial will not be communicated to the jury.
Proposed law removes the restrictions placed on juror in a criminal case to take notes during
the trial and allows jurors to take notes.
Proposed law provides that the trial judge will ensure the confidentiality of the notes during
the course of the trial and the jury's deliberations and requires the court to collect and
maintain any and all notes made by each juror at each recess and to return to each juror his
individual notes upon reconvening.
Proposed law mandates the court to destroy the notes immediately upon return of the verdict.
Proposed law provides that the court may allow the jury to take with them any object or
writing received in evidence, except depositions and except as otherwise provided in the La.
Code of Evidence.
Effective August 1, 2012.
(Amends C.Cr.P. Art. 793, 801, and 808)