ENROLLED
ACT No. 235
2019 Regular Session
HOUSE BILL NO. 477
BY REPRESENTATIVE DUBUISSON
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Article 795(C), relative to jury trials; to
3 provide relative to peremptory challenges based on race or gender; and to provide
4 for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. Code of Criminal Procedure Article 795(C) is hereby amended and
7 reenacted to read as follows:
8 Art. 795. Time for challenges; method; peremptory challenges based on race or
9 gender; restrictions
10 * * *
11 C. No peremptory challenge made by the state or the defendant shall be
12 based solely upon motivated in substantial part on the basis of the race or gender of
13 the juror. If an objection is made that the state or defense has excluded a juror solely
14 a challenge was motivated in substantial part on the basis of race or gender, and a
15 prima facie case supporting that objection is made by the objecting party, the court
16 may shall demand a satisfactory race or gender neutral reason for the exercise of the
17 challenge, unless the court is satisfied that such reason is apparent from the voir dire
18 examination of the juror. Such demand and disclosure, if required by the court, shall
19 be made outside of the hearing of any juror or prospective juror. The court shall then
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 477 ENROLLED
1 determine whether the challenge was motivated in substantial part on the basis of
2 race or gender.
3 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.