A. Cases in which punishment may be capital shall be tried by a jury of twelve jurors, all of whom must concur to render a verdict. Cases in which punishment is necessarily confinement at hard labor shall be tried by a jury composed of twelve jurors, ten of whom must concur to render a verdict. Cases in which the punishment may be confinement at hard labor shall be tried by a jury composed of six jurors, all of whom must concur to render a verdict.B. Trial by jury may be knowingly and intelligently waived by the defendant except in capital cases.
La. Cr.P. § 782
Amended by Acts 1974, Ex.Sess., No. 25, §1, eff. Jan. 1, 1975; Acts 1975, 1st Ex.Sess., No. 16, §1, eff. Jan. 28, 1975; Acts 1979, No. 56, §2.This section is set out twice. See also La. Cr.P. § 782, as amended by Acts 2018, No. 493,s. 1, eff. 1/1/2019 if and when the proposed amendment of Article I, Section 17(A) of the Constitution of Louisiana contained in the Act which originated as House Bill No. 354 of this 2018 Regular Session 2 of the Legislature or the Act which originated as Senate Bill No. 243 of this 2018 Regular 3 Session of the Legislature is adopted at a statewide election and becomes effective..
