SLS 18RS-36 ORIGINAL
2018 Regular Session
SENATE BILL NO. 39
BY SENATOR BISHOP
CRIMINAL PROCEDURE. Provides that any reference to an attorney made by a criminal
suspect constitutes an invocation of the right to counsel. (8/1/18)
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Article 218.1, relative to the duty to
3 advise a criminal suspect of the reasons for arrest and the right to counsel; to provide
4 that any reference to an attorney made by a suspect during interrogation is deemed
5 to be an invocation of the right to counsel; to provide relative to legislative intent;
6 and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Article 218.1 is hereby amended and
9 reenacted to read as follows:
10 Art. 218.1. Advice Duty to advise criminal suspect of reasons for arrest or
11 detention and of the suspect's rights
12 (A) When any person has been arrested or detained in connection with the
13 investigation or commission of any offense, he shall be advised fully of the reason
14 for his arrest or detention, his right to remain silent, his right against self
15 incrimination, his right to the assistance of counsel and, if indigent, his right to court
16 appointed counsel.
17 (B) When any person arrested or detained in connection with the
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 39
SLS 18RS-36 ORIGINAL
1 investigation or commission of any offense is being interrogated, interviewed,
2 or otherwise questioned by a law enforcement officer or district attorney, any
3 reference made by the person to an "attorney", "lawyer", "counsel", or
4 substantially similar term, shall be deemed an invocation of the right to
5 assistance of counsel, and the interrogation shall cease until such time as the
6 person obtains counsel or counsel is appointed for the person.
7 Section 2. The provisions of this Act are intended to legislatively overrule the
8 Louisiana Supreme Court's decision in State of Louisiana v. Warren Demesme, 2017-
9 KK-0954 (Sup.Ct. 10/27/17), to the extent that the court held that a criminal suspect's
10 statement relative to a "lawyer" did not constitute an invocation of the right to counsel.
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)
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.