The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Tim Prather.
DIGEST
SB 334 Engrossed 2016 Regular Session Claitor
Present law provided for drawing grand jury venire and subpoena of veniremen in Orleans Parish.
Present law provides that in Orleans Parish, upon order of the court, the commission shall draw the
grand jury venire pursuant to the provisions present law. Present law provides that the commission
shall prepare and certify a list containing the names so drawn, and the list shall be delivered to the
judge who ordered the drawing. Present law provides that the court may direct the jury commission
to prepare subpoenas directed to the persons on the grand jury venire, ordering their appearance in
court on the date set by the court for the selection of the grand jury, and the jury commission shall
then cause the subpoenas to be served in accordance with the provisions of present law as directed
by the court.
Proposed law removes present law held unconstitutional by State v. Dilosa, 848 So. 2d 546, 551
(La.2003).
Present law provides for the method of impaneling of grand jury and the selection of a foreman. The
sheriff or his designee, or the clerk or a deputy clerk of court, or in Orleans Parish the jury
commissioner shall draw indiscriminately and by lot from the envelope containing the remaining
names on the grand jury venire a sufficient number of names to complete the grand jury. Present law
provides that the envelope containing the remaining names shall be replaced into the grand jury box
for use in filling vacancies as provided in present law. The court shall cause a random selection to
be made of one person from the impaneled grand jury to serve as foreman of the grand jury.
Proposed law removes any reference to Orleans Parish in present law as per State v. Dilosa, 848 So.
2d 546, 551 (La.2003).
Present law provides for the time for impaneling grand juries. Present law provided that in parishes
other than Orleans, the court shall fix the time at which a grand jury shall be impaneled, but no grand
jury shall be impaneled for more than eight months, nor less than four months.
Proposed law removes any reference to Orleans in present law as per State v. Dilosa, 848 So. 2d 546,
551 (La.2003).
Present law provided that in Orleans Parish, a grand jury venire shall be drawn by the jury
commission on the date set by the presiding judge. Present law provides on the next legal day
following the drawing, the jury commission shall submit the grand jury venire to the presiding judge,
who shall impanel the grand jury. Present law provides that a grand jury in Orleans Parish shall be
impaneled on the first Wednesday of March and September of each year.
Proposed law removes present law held unconstitutional by State v. Dilosa, 848 So. 2d 546, 551 (La.2003).
Effective August 1, 2016
(Amends C.Cr.P. Arts. 413(B) and 414(B); repeals C.Cr.P. Arts. 412 and 414(C))