Art. 791. Sequestration of jurors and jury

            A. A jury is sequestered by being kept together in the charge of an officer of the court so as to be secluded from outside communication, except as permitted by R.S. 18:1307.2.

            B. In capital cases, after each juror is sworn he shall be sequestered, unless the state and the defense have jointly moved that the jury not be sequestered.

            C.(1) In noncapital cases, the jury shall be sequestered during active deliberations and may be sequestered at any time upon order of the court.

            (2) At any time after the court's charge, and after notice to the parties and affording the parties an opportunity to be heard on the record outside the presence of the jury, the court may declare the deliberations to be in recess and may then direct the jury to suspend its deliberations, to separate without sequestration, and to return for continued deliberations on the next day of operation of the court. Before each recess, the court shall admonish the jury as provided in Subparagraph (3) of this Paragraph and direct it to not resume its deliberations until all twelve jurors have reassembled in the designated place at the termination of the declared recess.

            (3)(a) Upon the court's charge to suspend deliberations and to separate without sequestration, the court shall admonish the jury as follows:

            (i) Deliberations shall be conducted only in the jury room when all jurors are present. All deliberations shall cease and shall not resume until all of the jurors have returned to the jury room.

            (ii) During the recess, jurors shall not converse with any person about anything related to the case.

            (iii) Jurors remain under obligation to not request, accept, agree to accept, or discuss with any person regarding the receiving or accepting of any payment or benefit in return for supplying information concerning the trial.

            (iv) Jurors shall promptly report directly to the court any incident within their knowledge involving an attempt by any person to improperly influence any member of the jury.

            (v) Jurors shall not visit or view the premises or place where the charged crime was allegedly committed or any other premises or place involved in the case.

            (vi) Jurors shall not read, view, or listen to any accounts or discussions of the case reported by newspapers, television, radio, the internet, or any other news media outlet.

            (vii) Jurors shall not attempt to research any fact, issue, or law related to the case, whether by discussion with others, by research in a library or on the internet, or by any other means or source.

            (b) Upon the jurors returning from any recess, the court shall verify with each juror on the record that he followed the admonition.

            Amended by Acts 1981, No. 475, §1; Acts 1995, No. 1172, §1; Acts 1995, No. 1277, §1; Acts 2023, No. 75, §1.