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Committee raises jury-trial threshold and lets prosecutors cap penalties in information; defenders flag constitutional concerns

March 18, 2026 | 2026 Legislature LA, Louisiana


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Committee raises jury-trial threshold and lets prosecutors cap penalties in information; defenders flag constitutional concerns
House Bill 52, carried by Chairwoman Villio, was amended and reported favorably on March 18 after proponents and critics debated whether the bill alters constitutionally protected jury rights.

The measure allows prosecutors, in the bill of information, to cap the potential maximum penalty for certain misdemeanors so the offense can be tried without a jury; committee amendment set 1499 raised the monetary threshold that triggers a Duncan misdemeanor jury right from $1,000 to $2,500, reflecting CPI adjustment proponents said. Zach Daniels of the Louisiana District Attorneys Association said the change aligns the dollar value with inflation and case law.

William Snowden of the Juror Project and a Loyola law professor urged caution and argued the proposal could effectively remove a defendant’s jury right by prosecutorial fiat. Defense and civil‑liberties speakers stressed that any measure that affects jury‑trial rights requires careful constitutional vetting. Chair Villio said the bill caps the prosecutor's chosen maximum at six months in relevant cases so it remains consistent with Duncan v. Louisiana precedent. After discussion, the committee adopted amendments and reported HB52 favorably as amended; the committee directed that related technical drafting continue.

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