ENROLLED
ACT No. 75
2023 Regular Session
HOUSE BILL NO. 271
BY REPRESENTATIVE NELSON
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Article 791(C), relative to trial by jury;
3 to provide relative to sequestration of jurors and jury; to provide relative to
4 sequestration of jurors in noncapital cases; to provide relative to separation without
5 sequestration; to provide relative to instructions by the court; and to provide for
6 related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Article 791(C) is hereby amended and
9 reenacted to read as follows:
10 Art. 791. Sequestration of jurors and jury
11 * * *
12 C.(1) In noncapital cases, the jury shall be sequestered after the court's
13 charge during active deliberations and may be sequestered at any time upon order of
14 the court.
15 (2) At any time after the court's charge, and after notice to the parties and
16 affording the parties an opportunity to be heard on the record outside the presence
17 of the jury, the court may declare the deliberations to be in recess and may then
18 direct the jury to suspend its deliberations, to separate without sequestration, and to
19 return for continued deliberations on the next day of operation of the court. Before
20 each recess, the court shall admonish the jury as provided in Subparagraph (3) of this
21 Paragraph and direct it to not resume its deliberations until all twelve jurors have
22 reassembled in the designated place at the termination of the declared recess.
23 (3)(a) Upon the court's charge to suspend deliberations and to separate
24 without sequestration, the court shall admonish the jury as follows:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 271 ENROLLED
1 (i) Deliberations shall be conducted only in the jury room when all jurors are
2 present. All deliberations shall cease and shall not resume until all of the jurors have
3 returned to the jury room.
4 (ii) During the recess, jurors shall not converse with any person about
5 anything related to the case.
6 (iii) Jurors remain under obligation to not request, accept, agree to accept,
7 or discuss with any person regarding the receiving or accepting of any payment or
8 benefit in return for supplying information concerning the trial.
9 (iv) Jurors shall promptly report directly to the court any incident within
10 their knowledge involving an attempt by any person to improperly influence any
11 member of the jury.
12 (v) Jurors shall not visit or view the premises or place where the charged
13 crime was allegedly committed or any other premises or place involved in the case.
14 (vi) Jurors shall not read, view, or listen to any accounts or discussions of the
15 case reported by newspapers, television, radio, the internet, or any other news media
16 outlet.
17 (vii) Jurors shall not attempt to research any fact, issue, or law related to the
18 case, whether by discussion with others, by research in a library or on the internet,
19 or by any other means or source.
20 (b) Upon the jurors returning from any recess, the court shall verify with
21 each juror on the record that he followed the admonition.
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.