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 477 Original 2019 Regular Session DuBuisson
Abstract: Amends the basis for which a peremptory challenge is used by the state or defense and
requires the court to demand a satisfactory race or gender neutral reason for the exercise of
the challenge.
Present law provides that no peremptory challenge made shall be based solely upon the race or
gender of the juror.
Present law further provides that if an objection is made that the state or defense has excluded a juror
solely on race or gender, the court may demand a satisfactory race or gender neutral reason for the
exercise of the challenge, unless the court is satisfied that such reason is apparent from the voir dire
examination of the juror.
Present law also provides that if required by the court, such demand and disclosure shall be made
outside of the hearing of any juror or prospective juror.
Proposed law amends present law to provide that no peremptory challenge shall be motivated in
substantial part on the basis of the race or gender of the juror.
Proposed law amends present law to require the court to demand a satisfactory race or gender neutral
reason for the exercise of the challenge regardless of whether it is satisfied that such reason is
apparent from the voir dire examination of the juror. Proposed law further requires the court to make
a determination of whether the challenge was motivated in substantial part on the basis of race or
gender.
(Amends C.Cr.P. Art. 795(C))