PART II. CAPITAL CASES

§567. Conditions precedent to execution

            A. Whenever the Supreme Court of Louisiana affirms a sentence of death, after review on appeal provided by Louisiana Code of Criminal Procedure Article 905.9, the court of original jurisdiction shall cause to be forwarded to the secretary of the Department of Public Safety and Corrections a certified copy of the indictment, verdict, sentence, and the judgment of the Supreme Court of Louisiana affirming the sentence of death.

            B. The court of original jurisdiction shall also issue a warrant commanding the secretary to cause the execution of the person condemned as provided by law. The warrant shall specify the date upon which the person condemned shall be put to death, which date shall be not less than sixty days nor more than ninety days from the date the warrant is issued. The sheriff shall serve the warrant upon the secretary pursuant to Code of Civil Procedure Article 1314. Upon receipt of the warrant the secretary shall cause a copy of the warrant to be delivered to the person condemned. A certified copy of the warrant shall be mailed, return receipt requested, to the governor and the return receipt filed in the record.

            C. If any federal or Louisiana court grants a stay of execution, or if the governor grants a reprieve that necessitates a reset of the execution date, the trial court shall issue an order to reset the execution date within thirty days of either the dissolution of the stay order or the termination or expiration of the reprieve. The trial court shall reset the execution date to not less than thirty days nor more than forty-five days from the date of issuance of the order. However, when a federal or state court grants a stay of execution that is dissolved or vacated prior to the expiration of the time period set forth in R.S. 15:570(D), the execution may proceed on the date originally fixed.

            D. The execution of a female who has been clinically diagnosed as being pregnant shall be suspended. The trial court shall reset the execution date at not less than ninety days nor more than one hundred twenty days from the date of delivery of the baby, a miscarriage, or voluntary termination of the pregnancy.

            E. The failure of the trial court to fix an execution date within the time limits of this Section shall not affect the validity of a sentence of death. In such a case, the attorney general shall bring a mandamus proceeding in any court of competent jurisdiction to have the trial court set the execution date at not less than thirty days nor more than forty-five days from the date of issuance of the mandamus order.

            Amended by Acts 1956, Ex.Sess., No. 18, §1; Acts 1978, No. 758, §1; Acts 1980, No. 518, §1; Acts 1981, No. 585, §1, eff. July 20, 1981; Acts 1985, No. 178, §1, eff. July 6, 1985; Acts 1989, No. 740, §1; Acts 2025, No. 193, §1, eff. June 8, 2025.