HLS 17RS-671 ENGROSSED 2017 Regular Session HOUSE BILL NO. 485 BY REPRESENTATIVE JEFFERSON Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. CIVIL/JURIES: Provides relative to the functions of jury commissions in certain parishes 1 AN ACT 2To amend and reenact Code of Criminal Procedure Article 404(A), (C), (D), (E), and (F) and 3 to enact Code of Criminal Procedure Article 404(G) and (H), relative to jury 4 commissions; to provide for technical corrections; to provide for the functions of the 5 jury commission in the parishes of Claiborne, DeSoto, Union, and Webster; to 6 transfer the functions of the jury commission to the clerks of court of Claiborne 7 Parish, DeSoto Parish, Union Parish, and Webster Parish; and to provide for related 8 matters. 9Be it enacted by the Legislature of Louisiana: 10 Section 1. Code of Criminal Procedure Article 404(A), (C), (D), (E), and (F) are 11hereby amended and reenacted and Code of Criminal Procedure Article 404(G) and (H) are 12hereby enacted to read as follows: 13 Art. 404. Appointment of jury commissions; term of office; oath; quorum; 14 performance of functions of jury commissions in certain parishes 15 A. Except in the parish of East Baton Rouge as otherwise provided in this 16 Article: 17 (1) The jury commission of each parish shall consist of the clerk of court or 18 a deputy clerk designated by him in writing to act in his stead in all matters affecting 19 the jury commission, and five four other members, each having the qualifications set Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 17RS-671 ENGROSSED HB NO. 485 1 forth in Article 401 and appointed by written order of the district court, who shall 2 serve at the court's pleasure. 3 (2) In Orleans Parish the jury commission shall be appointed by the judges 4 en banc of the Criminal District Court of the parish of Orleans, and the jury 5 commissioners shall serve at the pleasure of the court. Upon the effective date of the 6 Forty-First Judicial District Court, January 1, 2009, the jury commission shall be 7 appointed by the judges en banc of the Forty-First Judicial District Court, Criminal 8 Division, with the concurrence of the judges en banc of the civil division of the 9 court. The jury commissioners shall serve at the pleasure of the court. In other 10 parishes, the jury commission shall consist of the clerk of court or a deputy clerk 11 designated by him in writing to act in his stead in all matters affecting the jury 12 commission, and four other persons appointed by written order of the district court, 13 who shall serve at the court's pleasure. 14 (3) Before entering upon their duties, members of the jury commission shall 15 take an oath to discharge their duties faithfully. 16 (4)(3) Three members of the jury commission shall constitute a quorum. 17 (5)(4) Meetings of the jury commission shall be open to the public. 18 * * * 19 C. In Orleans Parish, the jury commission shall be appointed by the judges 20 en banc of the Criminal District Court of the parish of Orleans, and the jury 21 commissioners shall serve at the pleasure of the court. 22 C.D. In the parish of Lafourche, the function of the jury commission may be 23 performed by the clerk of court of the parish of Lafourche or by a deputy clerk of 24 court designated by him in writing to act in his stead in all matters affecting the jury 25 commission. The clerk of court or his designated deputy shall have the same powers, 26 duties, and responsibilities, and shall be governed by applicable provisions of law 27 pertaining to jury commissioners. The clerk of court of the parish of Lafourche shall 28 perform the duties and responsibilities otherwise imposed upon him by law with Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 17RS-671 ENGROSSED HB NO. 485 1 respect to jury venires, shall coordinate the jury venire process, and shall receive the 2 compensation generally authorized for a jury commissioner. 3 D.E. In the parish of Terrebonne, the function of the jury commission shall 4 be performed by the clerk of court of Terrebonne Parish or by a deputy clerk of court 5 designated by him in writing to act in his stead in all matters affecting the jury 6 commission. The clerk of court or his designated deputy shall have the same powers, 7 duties, and responsibilities, and shall be governed by all applicable provisions of law 8 pertaining to jury commissioners. The clerk of court of Terrebonne Parish shall 9 perform the duties and responsibilities otherwise imposed upon him by law with 10 respect to jury venires, shall coordinate the jury venire process, and shall receive the 11 compensation generally authorized for a jury commissioner. 12 E.F. In the parish of St. Charles, the function of the jury commission shall 13 be performed by the clerk of court of St. Charles Parish or by a deputy clerk of court 14 designated by him in writing to act in his stead in all matters affecting the jury 15 commission. The clerk of court or his designated deputy shall have the same powers, 16 duties, and responsibilities, and shall be governed by all applicable provisions of law 17 pertaining to jury commissioners. The clerk of court of St. Charles Parish shall 18 perform the duties and responsibilities otherwise imposed upon him by law with 19 respect to jury venires, shall coordinate the jury venire process, and shall receive the 20 compensation generally authorized for a jury commissioner. 21 F.G. In the parishes of East Feliciana and West Feliciana, the function of the 22 jury commission shall be performed by the clerks of court of East Feliciana Parish 23 and West Feliciana Parish or by a deputy clerk of court designated by the respective 24 clerk in writing to act in his stead in all matters affecting the jury commission. The 25 clerk of court or his designated deputy shall have the same powers, duties, and 26 responsibilities, and shall be governed by all applicable provisions of law pertaining 27 to jury commissioners. The clerks of court of East Feliciana Parish and West 28 Feliciana Parish shall perform the duties and responsibilities otherwise imposed upon Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 17RS-671 ENGROSSED HB NO. 485 1 him by law with respect to jury venires, shall coordinate the jury venire process, and 2 shall receive the compensation generally authorized for a jury commissioner. 3 H. In the parishes of Claiborne, DeSoto, Union, and Webster, the function 4 of the jury commission shall be performed by the clerks of court of Claiborne Parish, 5 DeSoto Parish, Union Parish, and Webster Parish or by a deputy clerk of court 6 designated by the respective clerk in writing to act in his stead in all matters affecting 7 the jury commission. The clerk of court or his designated deputy shall have the same 8 powers, duties, and responsibilities, and shall be governed by all applicable 9 provisions of law pertaining to jury commissioners. The clerks of court of Claiborne 10 Parish, DeSoto Parish, Union Parish, and Webster Parish shall perform the duties and 11 responsibilities otherwise imposed upon him by law with respect to jury venires, 12 shall coordinate the jury venire process, and shall receive the compensation generally 13 authorized for a jury commissioner. 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)] HB 485 Engrossed 2017 Regular Session Jefferson Abstract: Requires the Claiborne Parish, DeSoto Parish, Union Parish, and Webster Parish clerks of court to perform the functions of the jury commissions in their respective parishes, and provides for technical corrections. Present law provides for a jury commission in each parish to perform certain functions including coordination of the jury venire process. Proposed law requires the clerks of court of Claiborne Parish, DeSoto Parish, Union Parish, and Webster Parish to perform the functions of the jury commission in their respective parishes. Proposed law further provides technical corrections to present law and removes obsolete language referring to the 41 st JDC (which has been repealed). (Amends C.Cr.P. Art. 404(A), (C), (D), (E), and (F); Adds C.Cr.P. Art. 404(G) and (H)) Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions.