Louisiana. Constitutional Convention (1973).

Records of the Louisiana Constitutional Convention of 1973 (Volume 4) online

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office as provided elsewhere in this Article and notwithstanding
any other provision of this constitution to the contrary, the
following courts and officers in Orleans Parish are continued,
subject to change by a vote of a majority of the elected
members of each house of the legislature: the civil and
criminal district courts, the city, municipal, traffic and
juvenile courts, the clerks of the civil and criminal district
courts, the civil and criminal sheriffs, the constables and
the clerks of the first and second city courts, the register
of conveyances, and the recorder of mortgages.

Section 36. Jurors; Qualifications; Exemptions

Section 36. (A) A citizen of the state, who is domiciled



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First Enrollment

CC-115 7

C. P. No. 21

within the parish in ijhich he is to serve as a juror and
who has reached the age of majority, is eligible to serve
as a juror. The legislature mav provide additional qualifi-
cations .

(B) The supreme court by rule shall provide for
exemption of jurors.

Section 37. Grand Jury

Section 37. (A) There shall be a grand jury or grand juries
in each parish whose qualifications, duties and responsibilities
shall be provided by law. The secrecy of the proceedings, includ-
ing the identity of the witnesses appearing, shall be provided for
by law.

(B) Except as otherwise provided in this constitution,
a district attorney, or his designated assistant, shall have
charge of every criminal prosecution by the state in his district,
shall be the representative of the state in his district before
the grand jury, and its legal advisor. He shall oerform such
other duties as may be provided by law.

(C) At all stages of grand jury proceedings, anyone testify-
ing in such proceedings shall have the right to the advice of
counsel while testifying.



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Constitutional Convention of Louisiana of 197S

CC-1161

COMMITTEE PROPOSAL No. 22—

Introduced by Delegate Stagg, Chairman, on behalf of the
Committee on Executive Department and Delegates Abra-
ham, Alexander, Anzalone, Arnette, Brien, Dennery, Duval,
Gravel, Stovall and Tapper:

A PROPOSAL
Making provisions for a code of ethics and the Louisiana
Board of Ethics.

Be it adopted by the Constitutional Convention of Louisi-
ana of 1973:

Article , Section Code of Ethics; Board of

Ethics

Section . (A) The legislature shall enact a code of

ethics prohibiting conflict between public duty and private
interests of all officials and employees of the state and its
political subdivisions.

(B) The Louisiana Board of Ethics is created to be com-
posed of seven members appointed by the governor subject to
confirmation by the Senate for six-year terms. At least one
member shall be a citizen of and resident of each state
supreme court district. The board shall investigate all alle-
gations of violations of the state code of ethics and shall
have such other powers and duties as may be provided by
this constitution or by statute.



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Reprinted as Engrossed

Constitutional Convention of Louisiana of 1973

CC-1161

COMMITTEE PROPOSAL No. 22—

Introduced by Delegate Stagg, Chairman, on behalf of the
Committee on Executive Department, and Delegates Abra-
ham, Alexander, Anzalone, Arnette, Brien, Dennery, Duval,
Gravel, Stovall and Tapper:

A PROPOSAL
Making provisions for a code of ethics and the Louisiana
Board of Ethics.

Ce it adopted by the Constitutional Convention of Louisi-
ana of 1973 :

Article , Section Code of Ethics; Board of Ethics

Section (A) The legislature shall enact a code of ethics

prohibiting conflict between public duty and private inter-
ests of all officials and employees of the state and its
political subdivisions.

(B) The Loui.siana Board of Ethics is created to be com-
posed of seven members appointed by the governor subject
to confirmation by the Senate for six-year terms. At least
one member shall be a citizen of and resident of each state
supreme court district. The board shall investigate all alle-
gations of violations of the state code of ethics and shall
have such other powers and duties as may be provided by
this constitution or by statute.



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CC-1161

Constitutional Convention of Louisiana of 1973

COMMITTEE PROPOSAL NUMBER 22

Introduced by Delegate Stagg, Chairman, on behalf of the
Committee on Executive Department, and Delegates
Abraham, Alexander, Anzalone, Arnette, Brien,
Dennery, Duval, Gravel, Stovall, and Tapper

A PROPOSAL

Making provisions for a code of ethics and the Louisiana

Board of Ethics.
Be it adopted by the Constitutional Convention of Louisiana

of 1973:

Article , Section . Code of Ethics; Board

of Ethics

Section . (A) The legislature shall enact a

code of ethics for all officials and employees of the state
and its political subdivisions.

(B) The code of ethics shall be administered by a
board or boards of ethics created by the legislature with
such qualifications, terms of office, duties, and powers
as provided by law.

(C) The decisions of the board shall be appealable
and the legislature shall provide the method of appeal.



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[229]



Constitutional Convention of Louisiana of 1973
CC-1072

1 COMMITTEE PROPOSAL No. 23—

2 Introduced by Delegate Stagg, Chairman, on behalf of the
g Committee on Executive Department and Delegates Abra-

4 ham, Arnette, Brien, Dennery, Gravel, Stovall and Tapper:

5 A PROPOSAL

g Prohibiting dual employment and dual officeholding in state

rj and local government.

g Be it adopted by the Constitutional Convention of Louisi-

9 ana of 1973:

10 Article , Section Dual Employment and Dual

11 Officeholding

12 Section (A) Except as otherwise provided in this

13 Section, no person holding, under the government of this

14 state or any of its political subdivisions, any office or em-

15 ployment of trust or any office or employment which entitles

16 him to any per diem, salary, or other emolument of office

17 shall at the same time hold any other such office or em-

18 ployment with the United States, any foreign power, or any

19 other state; nor shall any such person hold rrove than one

20 such office or employment with this state or any of its polit-

21 ical subdivisions.

22 (B) For purposes of this Section, the following shall not

23 be considered to be offices or employment described in

24 Paragraph (A) of this Section : (1) ex officio positions; (2)

25 notaries public; (3) those serving on boards, commissions,

26 and other instrumentalities performing solely policy-making

27 or advisory functions; (4) delegates to, as well as officials

28 and employees of, any constitutional convention; (5) mem-

29 bers in the reserve of the armed forces and the national

30 guard; and (6) election commissioners.

31 (C) Nothing in this Section shall prevent teachers in the

32 public education system of the state from holding elective

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CC-1072

C. P. No. 23

1 public office except that a teacher shall be prohibited from

2 serving as a member of the parish or municipal school
% board of which he is an employee.

4 (D) Upon a determination made by the board of ethics,

5 after a public hearing and under such procedures as may be

6 provided by statute, that the public interest is not adversely

7 affected, exceptions from this Section may be permitted.

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Reprinted as

Constitutional Convention of Louisiana of 1978
CC-1072

1 COMMITTEE PROPOSAL No. 23—

2 Introduced by Delegate Stagg, Chairman, on behalf of the
g Committee on Executive Department, and Delegates Abra-

4 ham, Arnette, Brien, Dennery, Gravel, Stovall and Tapper:

5 A PROPOSAL

f Prohibiting dual employment and dual officeholding in state

rj and local government.

o Be it adopted by the Constitutional Convention of Louisi-

9 ana of 1973:

2Q Article , Section Dual Employment and Dual Of-

2J ficeholding

J2 Section (A) Except as otherwise provided in this

jg Section, no person holding, under the government of this

J4 state or any of its political subdivisions, any office or employ-

15 mjnt of trust or any office or employment which entitles him

Ig to any per diem, salary, or other emolument of office shall at

17 the same time hold any other such office or employment

18 with the United States, any foreign power, or any other

19 state; nor shall any such person hold more than one such

20 office or employment with this state or any of its political

21 subdivisions.

22 iiient and defining,
regulating and prohibiting dual of f icehold ing in state and
local government;.



Constitutional Convention of Louisiana of 1978
CC-1194

1 COMMITTEE PROPOSAL No. 24—

2 Introduced by Delegate A. Jackson, Chairman, on behalf
g of the Committee on Bill of Rights and Elections, and Dele-

4 gates Dunlap, Guarisco, Jenkins, Roy, Soniat, Stinson, Vick,

5 Wall, and Weiss:

g A PROPOSAL

7 Relative to constitutional revision.

g Be it adopted by the Constitutional Convention of Lou-

9 isianaof 1973:

10 ARTICLE XIII. CONSTITUTIONAL REVISION

11 Section 1. Amendments

12 Section 1. (A) An amendment to this constitution may be
18 proposed by joint resolution at any session of the legislature.

14 If two-thirds of the members elected to each house concur

15 in the resolution, pursuant to all the procedures and for-

16 malities required for passage of a bill except submission

17 to the governor, the secretary of state shall cause the pro-

18 posed amendment to be published in the official journal of

19 each parish once within not less than thirty nor more than

20 sixty days preceding the next election for representatives in

21 the legislature or Congress.

22 (B) If a majority of the electors voting for or against

23 the proposed amendment shall approve it, then it shall be-

24 come part of this constitution, effective twenty days after

25 the governor has proclaimed its adoption, unless the amend-

26 ment otherwise provides. However, no proposed amend-

27 ment affecting five or fewer political subdivisions shall be-

28 come part of this constitution unless a majority of the

29 electors voting thereon in the state and also a majority, in

30 the aggregate, of the electors in the affected areas vote in

31 favor of adoption of the proposed amendment.

32 (C) When more than one amendment is submitted at

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CC-1194
C. P. No. 24

■^ the same election, each shall be submitted so as to enable the

2 electors to vote on them separately. A proposed amendment

3 shall be confined to one object and may set forth the en-

4 tire article or articles to be revised or only the sections or

5 other subdivisions which are to be added or in which a

6 change is to be made; provided that a section or other

7 subdivision may be repealed by reference. The proposed

8 amendment shall have a title containing a brief summary

9 of the changes proposed.

10 Section 2. Convention Called by Legislature

11 Section 2. Whenever two-thirds of the members elected

12 to each house consider it desirable to revise, alter, or amend

13 this constitution, they may recommend to the electors at

14 the next election for representatives to the legislature or

15 Congress to vote for or against a convention for that pur-

16 pose. If a majority of the electors voting on the proposition

17 approve it, the legislature shall provide at its next session

18 for calling such a convention. The convention shall consist

19 of delegates elected from the same districts and having the

20 same qualifications as state representatives. The legislature

21 may also provide for not more than fifteen delegates to be

22 appointed by the governor. At a special election called for

23 that purpose, the proposed constitution and any alternative

24 propositions agreed upon by the convention shall be sub-

25 mitted to the people for their ratification or rejection. If the

26 proposal is approved by a majority of the electors voting

27 thereon, the governor shall proclaim it to be the Constitu-

28 tion of the State of Louisiana.

29 Section 3. Convention Call by People

30 Section 3. At the election for representatives to Congress

31 to be held in the year one thousand nine hundred eighty-six
82 and in every tenth year thereafter, the question "Shall there

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CC-1194

C. P. No. 24

be a convention to revise the Constitution of the State of
Louisiana" shall be submitted to the electors of the state.
If a majority of the electors who vote on the question favor
it, the legislature shall at its next session provide for call-
ing a convention, according to the same procedures men-
tioned in the previous section.

Section 4. Laws Effectuating Amendments

Section 4. Whenever the legislature shall submit amend-
ments to this constitution, it may at the same session enact
laws to carry them into effect, to become operative when
the proposed amendments have been ratified.



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Reprinted as

Constitutional Convention of Louisiana of 1973
CC-1196

1 COMMITTEE PROPOSAL No. 25—

2 Introduced by Delegate Jackson, Chairman, Committee on
8 Bill of Rights and Elections (Substitute for Committee

4 Proposal No. 2, by Delegate Jackson, Chairman, on behalf

5 of the Committee on Bill of Rights and Elections, and Dele-
g gates Dunlap, Guarisco, Jenkins, Roy, Soniat, Stinson, Vick,

7 Wall and Weiss) :

8 A PROPOSAL

9 To provide a preamble and a declaration of rights to the

10 constitution.

11 Be it adopted by the Constitutional Convention of Louisi-

12 ana of 1973:

18 A PREAMBLE

14 We, the people of Louisiana, grateful to Almighty God

15 for the civil, political, economic, and religious liberties we

16 enjoy, and desiring to protect individual rights to life, lib-

17 erty, and property; afford opportunity for the fullest develop-

18 ment of the individual; assure equality of rights; promote

19 the health, safety, education, and welfare of the people;

20 maintain a representative and orderly government; ensure

21 domestic tranquility; provide for the common defense; and

22 secure the blessings of freedom and justice to ourselves and

23 our posterity, do ordain and establish this constitution.

24 ARTICLE I. DECLARATION OF RIGHTS

25 Section 1. Origin and Purpose of Government

26 Section 1. All government, of right, originates with the

27 people, is founded on their will alone, and is instituted to

28 protect the rights of the individual and for the good of the

29 whole. Its only legitimate ends are to secure justice for all,

80 preserve peace, and promote and protect the rights, happi-

81 ness, and general welfare of the people. The rights enumer-
32 ated in this Article are inalienable anrf shall be preserved

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Engrossed

CC-1196
C. P. No. 25

1 inviolate

2 Section 2. Due Process of Law

3 Section 2. No person shall be deprived of life, liberty,

4 property, or other rights without substantive and procedural

5 due process of law.

6 Section 3. Right to Individual Dignity

7 Section 3. No person shall be denied the equal protection

8 of the laws nor shall any law discriminate against a person

9 in the exercise of rights on account of birth, race, age, sex,

10 social origin, physical condition, or political or religious

11 ideas. Slavery and involuntary servitude are prohibited,

12 except in the latter case as a punishment for crime.

13 Section 4. Right to Property

14 Section 4. Every person has the right to acquire by volun-

15 tary means, to own, to control, to enjoy, to protect, and to

16 dispose of private property. This right is subject to the rea-

17 sonable exercise of the police power and to the law of forced

18 heirship. Property shall not be taken or damaged except for a

19 public and necessary purpose and with just compensation

20 paid to the owner or into court for his benefit. The owner

21 shall be compensated to the full extent of his loss and has the

22 right to a trial by jury to determine such compensation. No

23 business enterprise or any of its assets shall be taken for the

24 purpose of operating that enterprise or for the purpose of

25 halting competition with government enterprises, and per-

26 sonal effects, other than contraband, shall never be taken.

27 The issue of whether the contemplated purpose be public

28 and necessary shall be a judicial question, and determined

29 as such without regard to any legislative assertion.

30 Section 5. Right to Privacy

31 Section 5. Every person shall be secure in his person, prop-

32 erty, communications, houses, papers, and effects against

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CC-1196

C. P. No. 25

1 unreasonable searches, seizures, or invasions of privacy.

2 No warrant shall issue without probable cause supported by

8 oath or affirmation particularly describing the place to be

4 searched, the persons or things to be seized, and the lavsrful

5 purpose or reason for the search. Any person adversely

9 affected by a search or seizure conducted in violation of
7 this Section shall have standing to raise the illegality of
g that search or seizure in the appropriate court of law.

9 Section 6. Freedom from Intrusion

10 Section 6. No person shall be quartered in any house

11 without the consent of the owner or lawful occupant.

12 Section 7. Freedom from Discrimination

18 Section 7. All persons shall be free from discrimination on

14 the basis of race, color, creed, national ancestry, and sex in

15 access to public accommodations or in the sale or rental of

16 property by persons or agents who derive a substantial in-

17 come from such business activity. Nothing herein shall be

18 construed to impair freedom of association.

19 Section 8. Trial by Jury in Civil Cases

20 Section 8. In all civil eases, except, summary, domestic,

21 and adoption cases, the right to trial by jur>- shall not be

22 abridged. No fact determined by a judge or jury shall be re-

23 examined on appeal. Determination of facts by an adminis-

24 trative body shall be subject to review.

25 Section 9. Freedom of Expression

26 Section 9. No law shall abridge the freedom of every per-

27 son to speak, write, publish, photograph, illustrate, or broad-

28 cast on any subject or to gather, receive, or transmit knowl-

29 edge or information, but each person shall be responsible
80 for the abuse of that liberty; nor shall such activities ever

31 be subject to censorship, licensure, registration, control, or

32 special taxation.

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Engrossed

CC-1196
C. P. No. 25

1 Section 10. Freedom of Religion

2 Section 10. No law shall be enacted respecting an estab-

3 lishment of religion or prohibiting the free exercise thereof.

4 Section 11. Freedom of Assembly and Movement

B Section 11. No law shall impair the right of every person

6 to assemble peaceably, to petition government for a redress

7 of grievances, to travel freely within the state, and to enter

8 and leave the state. Nothing herein shall prohibit quaran-

9 tines or restrict the authority of the state to supervise

10 persons subject to parole or probation.

11 Section 12. Rights of the Accused

12 Section 12. When a person has been detained, he shall

13 immediately be advised of his legal rights and the reason

14 for his detention. In all criminal prosecutions, the accused

15 shall be precisely informed of the nature and cause of the

16 accusation against him. At all stages of the proceedings,

17 every person shall be entitled to assistance of counsel of his

18 choice, or appointed by the court in indigent cases if charged

19 with an offense punishable by imprisonment.

20 Section 13. Initiation of Prosecution

21 Section 13. Prosecution of felonies shall be initiated by

22 indictment or information, provided that no person shall be

23 held to answer for a capital crime or a felony necessarily

24 punishable by hard labor, except on indictment by a grand

25 jury. No person shall be twice placed in jeopardy for the

26 same offense, except on his own application for a new trial

27 or when a mistrial is declared or a motion in arrest of

28 judgment is sustained.

29 Section 14. Grand Jury Proceedings

30 Section 14. At all stages of the grand jury proceedings,

31 after arrest, the accused, if permitted to testify, shall have

32 the right to the advice of counsel while testifying, to compul-

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CC-1196

C. P. No. 25

1 sory process for presenting' witnesses to the grand jury for

2 interrogation, and to the transcribed testimony of any wit-
8 nesses appearing before the grand jury in his case.

4 Section 15. Fair Trial

5 Section 15. Every person charged with a crime shall be

6 presumed innocent until proven guilty, and shall be entitled

7 to a speedy, public, and impartial trial in the parish where the

8 offense or an element of the offense occurred, unless venue

9 be changed in accordance with law. No person shall be

10 compelled to give evidence against himself. An accused shall

11 be entitled to confront and cross-examine the witnesses

12 against him, to compel the attendance of witnesses, to pre-

13 sent a defense, and to take the stand in his own behalf.

14 Section 16. Trial by Jury in Criminal Cases

15 Section 16. Any person charged with an offense or set of

16 offenses punishable by imprisonment of more than six

17 months may demand a trial by jury. In cases involving a

18 crime necessarily punishable by hard labor, the jury shall

19 consist of twelve persons, all of whom must concur to

20 render a verdict in capital cases or cases in which no parole



Online LibraryLouisiana. Constitutional Convention (1973)Records of the Louisiana Constitutional Convention of 1973 (Volume 4) → online text (page 36 of 65)