CRIMINAL/JURY TRIALS: (Constitutional Amendment) Requires unanimous jury verdicts for noncapital felonies committed prior to January 1, 2019

HLS 26RS-1221 ORIGINAL
2026 Regular Session
HOUSE BILL NO. 532
BY REPRESENTATIVE MENA
CRIMINAL/JURY TRIALS: (Constitutional Amendment) Requires unanimous jury
verdicts for noncapital felonies committed prior to January 1, 2019
1 A JOINT RESOLUTION
2 Proposing to amend Article I, Section 17(A) of the Constitution of Louisiana, relative to jury
3 trials in criminal cases; to require the unanimous vote of twelve jurors in all felony
4 cases for offenses committed prior to January 1, 2019; to provide for submission of
5 the proposed amendment to the electors; and to provide for related matters.
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 of
8 Louisiana, for their approval or rejection in the manner provided by law, a proposal to
9 amend Article I, Section 17(A) of the Constitution of Louisiana, to read as follows:
10 §17. Jury Trial in Criminal Cases; Joinder of Felonies; Mode of Trial
11 Section 17.(A) Jury Trial in Criminal Cases. A criminal case in which where
12 the punishment may be capital shall be tried before a jury of twelve persons, all of
13 whom must concur to render a verdict. A case for an offense committed prior to
14 January 1, 2019, in which the punishment is necessarily confinement at hard labor
15 shall be tried before a jury of twelve persons, ten of whom must concur to render a
16 verdict. A case for an offense committed before, on, or after January 1, 2019, in
17 which where the punishment is necessarily confinement at hard labor shall be tried
18 before a jury of twelve persons, all of whom must concur to render a verdict. A case
19 in which where the punishment may be confinement at hard labor or confinement
20 without hard labor for more than six months shall be tried before a jury of six
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1221 ORIGINAL
HB NO. 532
1 persons, all of whom must concur to render a verdict. The accused shall have a right
2 to full voir dire examination of prospective jurors and to challenge jurors
3 peremptorily. The number of challenges shall be fixed by law. Except in capital
4 cases, a defendant may knowingly and intelligently waive his right to a trial by jury
5 but no later than forty-five days prior to the trial date and the waiver shall be
6 irrevocable.
7 * * *
8 Section 2. Be it further resolved that this proposed amendment shall be submitted
9 to the electors of the state of Louisiana at the statewide election to be held on November 3,
10 2026.
11 Section 3. Be it further resolved that on the official ballot to be used at the election,
12 there shall be printed a proposition, upon which the electors of the state shall be permitted
13 to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as
14 follows:
15 Do you support an amendment to require a unanimous jury verdict in all
16 noncapital felony cases for offenses that were committed prior to January 1,
17 2019? (Amends Article I, Section 17(A))
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 532 Original 2026 Regular Session Mena
Abstract: Requires unanimous jury verdicts for noncapital felonies committed prior to Jan.
1, 2019.
Present constitution provides for jury trial in criminal cases.
Proposed constitutional amendment generally retains present constitution.
Present constitution requires that a case involving a noncapital felony that is committed prior
to Jan. 1, 2019, be tried before a jury of 12 persons. Further requires that 10 of the 12 jurors
concur to render a verdict.
Proposed constitutional amendment removes this provision of present constitution.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1221 ORIGINAL
HB NO. 532
Present constitution requires that a case involving a noncapital felony that is committed on
or after Jan. 1, 2019, be tried before a jury of 12 persons. Further requires that all 12 jurors
concur to render a verdict.
Proposed constitutional amendment amends present constitution to include the requirement
that all 12 jurors concur to render a verdict for a case involving a noncapital felony that was
committed prior to Jan. 1, 2019.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 3, 2026.
(Amends Const. Art. I, §17(A))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.