SLS 22RS-493 ENGROSSED
2022 Regular Session
SENATE BILL NO. 234
BY SENATOR JACKSON
JUVENILE JUSTICE. Constitutional amendment to allow adult prosecution and enhanced
penalties against juveniles in correctional facilities who commit assault or battery against
an employee or juvenile. (2/3 - CA13s1(A))
1 A JOINT RESOLUTION
2 Proposing to amend Article V, Section 19 of the Constitution of Louisiana, relative to
3 special juvenile proceedings; to provide relative to offenses committed by juveniles;
4 to allow adult prosecution and enhanced penalties for certain assault and battery
5 offenses; and to specify an election for submission of the proposition to electors and
6 provide a ballot proposition.
7 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members
8 elected to each house concurring, that there shall be submitted to the electors of the state, for
9 their approval or rejection in the manner provided by law, a proposal to amend Article V,
10 Section 19 of the Constitution of Louisiana, to read as follows:
11 ยง19. Special Juvenile Procedures
12 Section 19. The determination of guilt or innocence, the detention, and the
13 custody of a person who is alleged to have committed a crime prior to his
14 seventeenth birthday shall be pursuant to special juvenile procedures which shall be
15 provided by law. However, the legislature may (1) by a two-thirds vote of the
16 elected members of each house provide that special juvenile procedures shall not
17 apply to juveniles arrested for having committed first or second degree murder,
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 234
SLS 22RS-493 ENGROSSED
1 manslaughter, aggravated rape, armed robbery, aggravated burglary, aggravated
2 kidnapping, attempted first degree murder, attempted second degree murder, forcible
3 rape, simple rape, second degree kidnapping, battery of a correctional facility
4 employee, any battery committed upon a juvenile detained in a correctional
5 facility, any assault committed upon a correctional facility employee or juvenile
6 detained in a correctional facility, a second or subsequent aggravated battery, a
7 second or subsequent aggravated burglary, a second or subsequent offense of
8 burglary of an inhabited dwelling, or a second or subsequent felony-grade violation
9 of Part X or X-B of Chapter 4 of Title 40 of the Louisiana Revised Statutes of 1950,
10 involving the manufacture, distribution, or possession with intent to distribute
11 controlled dangerous substances, and (2) by two-thirds vote of the elected members
12 of each house lower the maximum ages of persons to whom juvenile procedures
13 shall apply, and (3) by two-thirds vote of the elected members of each house
14 establish a procedure by which the court of original jurisdiction may waive special
15 juvenile procedures in order that adult procedures shall apply in individual cases.
16 The legislature, by a majority of the elected members of each house, shall make
17 special provisions for detention and custody of juveniles who are subject to the
18 jurisdiction of the district court pending determination of guilt or innocence.
19 Section 2. Be it further resolved that this proposed amendment shall be submitted
20 to the electors of the state of Louisiana at the statewide election to be held on November 8,
21 2022.
22 Section 3. Be it further resolved that on the official ballot to be used at said election
23 there shall be printed a proposition, upon which the electors of the state shall be permitted
24 to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as
25 follows:
26 Do you support an amendment to add the crimes of battery of a correctional
27 facility employee, battery when the victim is a juvenile detained in a
28 correctional facility, assault when the victim is a correctional facility
29 employee or a juvenile detained in a correctional facility to the list of crimes
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 234
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1 to which special juvenile procedures shall not apply?
2 (Amends Const. Article V, Section 19)
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Whitney Kauffeld.
DIGEST
SB 234 Engrossed 2022 Regular Session Jackson
Present constitution allows for the determination of guilt or innocence, the detention, and the
custody of a juvenile pursuant to special juvenile procedures, except where the legislature
has by two-thirds vote indicated certain crimes do not require special juvenile procedures.
Proposed constitutional amendment retains present constitution and adds the crimes of
battery of a correctional facility employee, battery when the victim is a juvenile detained in
a correctional facility, and assault when the victim is a correctional facility employee or a
juvenile detained in a correctional facility to the list of offenses to which special juvenile
procedures need not apply.
Specifies submission of the amendment to the voters at the statewide election to be held on
11/8/22.
(Amends Const. Art. V, Section 19)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.