RDCSB334 2697 3878
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
SB 334 Reengrossed 2016 Regular Session Claitor
Present law (La. Const. Art. 3, §12(A)(3)) prohibits the enactment of local laws concerning
any civil or criminal actions, including changing the venue in civil or criminal cases, or
regulating the practice or jurisdiction of any court, or changing the rules of evidence in any
judicial proceeding or inquiry before courts, or providing or changing methods for the
collection of debts or the enforcement of judgments, or prescribing the effects of judicial
sales.
Present law (C.Cr.P. Art. 412) provides for drawing grand jury venire and subpoena of
veniremen in Orleans Parish.
Proposed law repeals this provision of present law held unconstitutional in violation of
present law (La. Const. Art. 3, §12(A)(3)) by State v. Dilosa, 848 So. 2d 546 (La. 2003).
Present law (C.Cr.P. Art. 413) 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.
Proposed law amends present law to remove the provisions which specifically apply to the
impaneling of grand juries in Orleans Parish that were held unconstitutional in violation of
present law (La. Const. Art. 3, §12(A)(3)) by State v. Dilosa, 848 So. 2d 546 (La. 2003).
Present law (C.Cr.P. Art. 414(B) provides for the time for impaneling grand juries. Present
law provides 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 amends present law to remove the provisions which specifically apply to the
time for impaneling of grand juries in Orleans Parish that were held unconstitutional in
violation of present law (La. Const. Art. 3, §12(A)(3)) by State v. Dilosa, 848 So. 2d 546
(La. 2003).
Present law (C.Cr.P. Art. 414(C)) provides that in Orleans Parish, a grand jury venire shall
be drawn by the jury commission on the date set by the presiding judge.
Proposed law repeals this provision of present law held unconstitutional in violation of
present law (La. Const. Art. 3, §12(A)(3)) by State v. Dilosa, 848 So. 2d 546 (La. 2003).
Present law (R.S. 15:114) provides for the rotation and selection of grand juries in Orleans
Parish.
Proposed law repeals this provision of present law held unconstitutional in violation of
present law (La. Const. Art. 3, §12(A)(3)) by State v. Dilosa, 848 So. 2d 546 (La. 2003).
(Amends C.Cr.P. Arts. 413(B) and 414(B); Repeals R.S. 15:114 and C.Cr.P. Arts. 412 and
414(C))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the reengrossed bill:
Page 1 of 2 RDCSB334 2697 3878
1. Repeal present law (R.S. 15:114), relative to the rotation and selection of grand
juries in Orleans Parish, which would held to be unconstitutional by State v.
Dilosa, 848 So. 2d 546 (La. 2003).
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