CRIMINAL/PROCEDURE: Provides relative to trial of misdemeanors (EN SEE FISC NOTE LF EX)
Summary
HB 52 amends Louisiana Code of Criminal Procedure Article 779(A) to change when a misdemeanor defendant is entitled to a jury trial. Under the bill, a misdemeanor case must be tried by a six-person jury if the offense carries a possible fine of more than $2,500 or imprisonment for more than six months. The measure updates the prior threshold, which was a fine in excess of $1,000, thereby narrowing the set of misdemeanor offenses that require a jury trial based on the fine amount.
The bill also makes the change apply both prospectively and retroactively to June 8, 2025, and it takes effect upon gubernatorial signature or, if not signed, upon the expiration of the constitutional time period for bills to become law. Because it was enacted as Act 192, the amendment now governs misdemeanor jury-trial eligibility in Louisiana for affected cases within the stated time frame.
Impact
HB 52 directly amends criminal procedure law governing jury trials in misdemeanor prosecutions. By raising the fine threshold from more than $1,000 to more than $2,500, it reduces the number of misdemeanor offenses that trigger a six-person jury trial, leaving more lower-penalty misdemeanor cases to be tried by a judge alone. The retroactive application to June 8, 2025 means the new rule can affect pending or recently filed cases within that period, potentially altering trial rights and case handling for defendants, prosecutors, and courts.
Sentiment
The bill appears to have broad legislative support. It passed the House 80-3 and the Senate 33-2, indicating strong bipartisan approval and little recorded opposition. The absence of committee transcript discussion suggests the measure was not especially controversial in the available record, and its final enactment without the governor’s signature further indicates it moved through the process without major resistance.
Contention
The main policy issue is the scope of the right to a jury trial in misdemeanor cases. Supporters likely viewed the bill as a procedural update that aligns jury-trial eligibility with a higher fine threshold and may reduce the burden on courts, while opponents may have been concerned that fewer defendants would receive jury trials for misdemeanor offenses. The retroactive application is another potential point of contention because it can affect cases already in progress or arising before enactment, but the recorded votes show only minimal opposition.
Provides for recoverable medical expenses, limitation upon jury trials and admissibility of evidence in civil actions. (8/1/25) (OR INCREASE LF EX See Note)
Provides relative to the issuance of bonds by the Lake Providence Port Commission and the powers of the commission. (gov sig) (EN SEE FISC NOTE LF EX See Note)