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2024 Third Extraordinary Session
SENATE BILL NO. 2
BY SENATORS CLOUD AND MORRIS AND REPRESENTATIVE VILLIO
JUVENILE JUSTICE. Constitutional amendment to provide relative to offenses to which
special juvenile procedures are not applicable. (2/3 - CA13s1(A)) (Item #19)
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 for offenses provided by law; and to specify an election
5 for submission of the proposition to electors and provide a ballot proposition.
6 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members
7 elected to each house concurring, that there shall be submitted to the electors of the state, for
8 their approval or rejection in the manner provided by law, a proposal to amend Article V,
9 Section 19 of the Constitution of Louisiana, to read as follows:
10 ยง19. Special Juvenile Procedures
11 Section 19. The determination of guilt or innocence, the detention, and the
12 custody of a person who is alleged to have committed a crime prior to his
13 seventeenth birthday shall be pursuant to special juvenile procedures which shall be
14 provided by law. However, the legislature may (1) by a two-thirds vote of the elected
15 members of each house provide that special juvenile procedures shall not apply to
16 juveniles arrested for having committed first or second degree murder, manslaughter,
17 aggravated rape, armed robbery, aggravated burglary, aggravated kidnapping,
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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. 2
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1 attempted first degree murder, attempted second degree murder, forcible rape, simple
2 rape, second degree kidnapping, a second or subsequent aggravated battery, a second
3 or subsequent aggravated burglary, a second or subsequent offense of burglary of an
4 inhabited dwelling, or a second or subsequent felony-grade violation of Part X or
5 X-B of Chapter 4 of Title 40 of the Louisiana Revised Statutes of 1950, involving
6 the manufacture, distribution, or possession with intent to distribute controlled
7 dangerous substances any crime provided by law, and (2) by two-thirds vote of the
8 elected members of each house lower the maximum ages of persons to whom
9 juvenile procedures shall apply, and (3) by two-thirds vote of the elected members
10 of each house establish a procedure by which the court of original jurisdiction may
11 waive special juvenile procedures in order that adult procedures shall apply in
12 individual cases. The legislature, by a majority of the elected members of each
13 house, shall make special provisions for detention and custody of juveniles who are
14 subject to the jurisdiction of the district court pending determination of guilt or
15 innocence.
16 Section 2. Be it further resolved that this proposed amendment shall be submitted to
17 the electors of the state of Louisiana at the statewide election to be held on November 15,
18 2025, or a statewide election authorized by law, whichever occurs first.
19 Section 3. Be it further resolved that on the official ballot to be used at said election
20 there shall be printed a proposition, upon which the electors of the state shall be permitted
21 to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as
22 follows:
23 Do you support an amendment to provide the legislature the authority to
24 determine which crimes, when committed by a juvenile, may be transferrable
25 for adult prosecution?
26 (Amends Article 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. SB NO. 2
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
SB 2 Engrossed 2024 Third Extraordinary Session Cloud
Present constitution requires that the determination of guilt or innocence, the detention, and
the custody of a person who is alleged to have committed a crime prior to his 17th birthday
be pursuant to special juvenile procedures as provided by law.
Proposed constitutional amendment retains present constitution.
Present constitution authorizes the legislature, by a 2/3rds vote of each house, to provide that
special juvenile procedures not apply to juveniles arrested for having committed any of the
following offenses:
(1)1st or 2nd degree murder.
(2)Manslaughter.
(3)Aggravated rape.
(4)Armed robbery.
(5)Aggravated burglary.
(6)Aggravated kidnapping.
(7)Attempted 1st degree murder.
(8)Attempted 2nd degree murder.
(9)Forcible rape.
(10)Simple rape.
(11)2nd degree kidnapping.
(12)A second or subsequent aggravated battery.
(13)A second or subsequent aggravated burglary.
(14)A second or subsequent offense of burglary of an inhabited dwelling.
(15)A second or subsequent felony-grade violation of the Uniform Controlled Dangerous
Substances Law or prohibited transactions in drug-related objects, involving the
manufacture, distribution, or possession with intent to distribute controlled
dangerous substances.
Proposed constitutional amendment removes the list of offenses contained in present
constitution and provides that special juvenile procedures not apply to juveniles arrested for
having committed any crime provided by law, subject to authorization of the legislature, by
a 2/3rds vote of each house.
Present constitution authorizes the legislature, by 2/3rds vote of each house, to lower the
maximum ages of persons to whom juvenile procedures apply.
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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. 2
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Proposed constitutional amendment retains present constitution.
Present constitution authorizes the legislature, by 2/3rds vote of each house, to establish a
procedure by which the court of original jurisdiction may waive special juvenile procedures
in order that adult procedures apply in individual cases.
Proposed constitutional amendment retains present constitution.
Present constitution requires the legislature, by a majority of each house, to make special
provisions for detention and custody of juveniles who are subject to the jurisdiction of the
district court pending determination of guilt or innocence.
Proposed constitutional amendment retains present constitution.
Specifies submission of the amendment to the voters at the statewide election to be held on
November 15, 2025, or a statewide election authorized by law, whichever occurs first.
(Amends Const. Art. V, Sec. 19)
Page 4 of 4
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.