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Regular Session, 2012 ENROLLED
SENATE CONCURRENT RESOLUTI ON NO. 45
BY SENATOR KOSTELKA
A CONCURRENT RESOLUTI ON
To urge and request the Louisiana State Law Institute to study and make recommendations
relative to a potential conflict between provisions of law regarding the notice that
must be provided to a criminal defendant as to his right to waive trial by jury, and
the defendant's right to waive formal arraignment.
WHEREAS, Article I, Section 17(A) of the Constitution of Louisiana permits a
defendant in a non-capital case to waive his right to a trial by jury; and
WHEREAS, Code of Criminal Procedure Article 553(B) provides that the judge may
permit the defendant in a non-capital felony case to waive formal arraignment and enter a
plea of not guilty without pleading in person; and
WHEREAS, Code of Criminal Procedure Article 780(A) provides that at the time
of arraignment, the defendant in a non-capital case shall be informed by the court of his right
to waive trial by jury; and
WHEREAS, if the defendant in a non-capital case waives arraignment, there may be
no opportunity for the court to inform the defendant of his right to waive a jury trial; and
WHEREAS, these two Code of Criminal Procedure articles present a potential
conflict, in that one article requires that the defendant in a non-capital case be informed by
the court of his right to waive a trial by jury at the arraignment, while the other article
permits the defendant in a non-capital case to waive arraignment; and
WHEREAS, there has been concern expressed by members of the judiciary with
regard to this potential conflict in the law, specifically, how a judge can adequately inform
a defendant charged with a non-capital crime of his right to waive a trial by jury if that
defendant has waived formal arraignment. SCR NO. 45 ENROLLED
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THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request that the Louisiana State Law Institute study and make recommendations
with regard to the current law relative to a defendant's right to waive trial by jury and the
means by which the court is to notify the defendant of this right.
BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby urge
and request that the Louisiana State Law Institute report the results of its study findings and
its specific recommendations to the legislature by April 1, 2013.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
director of the Louisiana State Law Institute.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES