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 271 Engrossed 2023 Regular Session Nelson
Abstract: Relative to sequestration of jurors and jury in noncapital cases, requires the jury to be
sequestered during active deliberations and provides relative to the court's charge to suspend
deliberations and separate without sequestration.
Present law provides that in noncapital cases, the jury is required to be sequestered after the court's
charge and may be sequestered at any time upon order of the court.
Proposed law amends present law to require the jury to be sequestered during active deliberations.
Proposed law further provides that at any time after the court's charge, and after notice to the parties
and affording the parties an opportunity to be heard on the record outside the presence of the jury,
the court may declare the deliberations to be in recess and may then direct the jury to suspend its
deliberations, to separate without sequestration, and to return for continued deliberations on the next
day of operation of the court.
Proposed law requires the court to admonish the jury as follows:
(1) Deliberations shall be conducted only in the jury room when all jurors are present. All
deliberations shall cease and shall not resume until all of the jurors have returned to the jury
room.
(2)During the recess, jurors shall not converse with any person about anything related to the
case.
(3) Jurors remain under obligation to not request, accept, agree to accept, or discuss with any
person regarding the receiving or accepting of any payment or benefit in return for supplying
information concerning the trial.
(4)Jurors shall promptly report directly to the court any incident within their knowledge
involving an attempt by any person to improperly influence any member of the jury.
(5)Jurors shall not visit or view the premises or place where the charged crime was allegedly
committed or any other premises or place involved in the case.
(6)Jurors shall not read, view, or listen to any accounts or discussions of the case reported by
newspapers, television, radio, the internet, or any other news media outlet. (7) Jurors shall not attempt to research any fact, issue, or law related to the case, whether by
discussion with others, by research in a library or on the internet, or by any other means or
source.
Proposed law further requires the court to verify with each juror on the record that he followed the
admonition.
(Amends C.Cr.P. Art. 791(C))