HLS 23RS-416 ENGROSSED
2023 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 6
BY REPRESENTATIVE CHARLES OWEN
CRIMINAL/TRIALS: Authorizes and directs the adjutant general of the Louisiana National
Guard to determine if application of the current procedures of the Uniform Code of
Military Justice may result in a nonunanimous verdict and to take the necessary
actions to prevent such verdicts
1 A CONCURRENT RESOL UTION
2To authorize and direct the Louisiana National Guard to study its Rules of Court that could
3 result in nonunanimous verdicts in court-martial findings and to provide remedial
4 proposals for legislation.
5 WHEREAS, the Louisiana National Guard is a military service composed of the
6Louisiana Army National Guard, the Louisiana Air National Guard, and the Louisiana State
7Guard governed by the provisions of the Uniform Code of Military Justice (UCMJ) and led
8by an adjutant general appointed by the governor of Louisiana; and
9 WHEREAS, the UCMJ is the foundation for military law that outlines criminal
10offenses and defines the military justice system; and
11 WHEREAS, the state of Louisiana, as a sovereign state with significant
12independence from the federal government, provides a Uniform Code of Military Justice in
13Title 29 of the Louisiana Revised Statutes of 1950 that models the UCMJ; and
14 WHEREAS, the articles of the UCMJ maintain provisions which could result in
15nonunanimous verdicts in court-martial findings; and
16 WHEREAS, in the case of Ramos v. Louisiana, 140 S. Ct. 1390, 206 L.Ed.2d 583
17(2020), unanimous verdicts are required in all jurisdictions of the United States; and
18 WHEREAS, the state of Louisiana intends to enforce the decision in Ramos v.
19Louisiana, 140 S. Ct. 1390, 206 L.Ed.2d 583 (2020) pursuant to the laws of this state.
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HLS 23RS-416 ENGROSSED
1 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
2authorize and direct the adjutant general of the Louisiana National Guard to conduct a study
3to determine whether the Uniform Code of Military Justice authorizes nonunanimous
4verdicts and provide findings and recommendations to remedy such conflict of law.
5 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
6governor and the adjutant general.
7 BE IT FURTHER RESOLVED that one print copy and one electronic copy of any
8report produced pursuant to this Resolution shall be submitted to the David R. Poynter
9Legislative Research Library as required by R.S. 24:772.
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)]
HCR 6 Engrossed 2023 Regular Session Charles Owen
Authorizes and directs the adjutant general of the La. National Guard to conduct a study of
the current procedures of the Uniform Code of Military Justice which may result in a
nonunanimous verdict and to take the necessary actions to prevent such verdicts.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original
bill:
1. Remove the requirement that the governor of La. issue a directive to the adjutant
general to suspend court martial proceedings which may result in nonunanimous
jury verdicts.
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