The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 39 Original 2018 Regular Session Bishop
Present law provides that when any person has been arrested or detained in connection with the
investigation or commission of any offense, the person is to be advised fully of the reason for his
arrest or detention, his right to remain silent, his right against self incrimination, his right to the
assistance of counsel and, if indigent, his right to court appointed counsel.
Proposed law retains present law and adds that when any person arrested or detained in connection
with the investigation or commission of any offense is being interrogated, interviewed, or otherwise
questioned by a law enforcement officer or district attorney, any reference made by the person to an
"attorney", "lawyer", "counsel", or substantially similar term, will be deemed an invocation of the
right to assistance of counsel, and the interrogation must cease until such time as the person obtains
counsel or counsel is appointed for the person.
Proposed law provides that the provisions of proposed law are intended to legislatively overrule the
La. Supreme Court's decision in State of Louisiana v. Warren Demesme, 2017-KK-0954 (Sup.Ct.
10/27/17), to the extent that the court held that a criminal suspect's statement "...why don't you just
give me a lawyer dog..." did not constitute an invocation of the right to counsel.
Effective August 1, 2018.
(Amends C.Cr.P. Art. 218.1)