The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 394 Original 2020 Regular Session Foil
Present law provides that the exemptions from jury service in civil cases are as provided in present
law relative to general qualifications of jurors in criminal cases and La. Supreme Court rules relative
to qualifications of jurors.
Proposed law retains present law.
Present law provides that in criminal cases, in order to qualify to serve as a juror, a person must:
(1)Be a citizen of the U.S. and of the state who has resided within the parish in which he is to
serve as a juror for at least one year immediately preceding his jury service.
(2)Be at least 18 years of age.
(3)Be able to read, write, and speak the English language and be possessed of sufficient
knowledge of the English language.
(4)Not be under interdiction or incapable of serving as a juror because of a mental or physical
infirmity, provided that no person can be deemed incompetent solely because of the loss of
hearing in any degree. However, present law provides that a person may be challenged for
cause based on a loss of hearing or the existence of any other incapacity that satisfies the
court that the challenged person is incapable of performing the duties of a juror in the
particular action without prejudice to the substantial rights of the challenging party.
(5)Not be under indictment for a felony nor have been convicted of a felony for which he has
not been pardoned by the governor.
Proposed law retains present law and adds that in order to qualify to serve as a juror in a civil or
criminal case, a person must not be under a judgment of continuing tutorship.
Present law provides that persons with intellectual disabilities or mental deficiencies may be placed
under continuing tutorship without formal or complete interdiction. Present law further provides that
when a person above the age of 15 years possesses less than 2/3 of the intellectual functioning of a
person of the same age with average intellectual functioning, the parents or the person entitled to
custody or tutorship under certain circumstances may petition the court of that district to place such
person under a continuing tutorship that does not automatically end at any age, but continues until
revoked by the court.
Proposed law retains present law. Effective August 1, 2020.
(Amends C.Cr.P. Art. 401(A)(4) and R.S. 13:3042(A))