ACT 75 (HB 271) 2023 Regular Session Nelson
Prior law provided that in noncapital cases, the jury was required to be sequestered after the
court's charge and may have been sequestered at any time upon order of the court.
New law requires the jury to be sequestered during active deliberations and provides that the
jury may be sequestered at any time upon order of the court.
New 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.
New 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
(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.
New law further requires the court to verify with each juror on the record that he followed
the admonition.
Effective August 1, 2023.
(Amends C.Cr.P. Art. 791(C))