HLS 10RS-575 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 132
BY REPRESENTATIVE WHITE AND SENATOR MARTINY
CRIMINAL/VICTIMS: Provides with respect to communication between offenders and
victims
AN ACT1
To amend and reenact R.S. 46:1846, relative to the rights of crime victims; to provide for2
restrictions regarding communication between offenders and crime victims; to3
provide for exceptions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 46:1846 is hereby amended and reenacted to read as follows: 6
ยง1846. Communication between offender and victim prohibited7
A. A person who has been charged by bill of information or indictment with8
any crime of violence as defined in R.S. 14:2, or any immediate family member of9
such person, shall be prohibited from communicating initiating communication,10
either by electronic communication, in writing, or orally, with a victim of the11
offense, or any of his immediate family members for which the person charged has12
been convicted or for which disposition of the case is pending.13
B. The provisions of Subsection A of this Section shall not apply to14
communication between the offender or his immediate family member and the15
victim, or any of his immediate family members, unless Paragraph (1) of this16
Subsection is satisfied and either Paragraph or (2) or (3) of this Subsection is17
satisfied. in either of the following circumstances:18
(1) The victim consents to the communication through the local prosecuting19
agency.20 HLS 10RS-575 ORIGINAL
HB NO. 132
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(2) The victim and offender have consented to participation in a restorative1
justice program administered through the Department of Public Safety and2
Corrections.3
(3)(2) The communication is made through the counsel of the offender or the4
offender himself if he is representing himself at trial.5
C. The Department of Public Safety and Corrections shall adopt regulations6
governing communication between offenders and victims pursuant to the provisions7
of this Section.8
C.D. For purposes of this Section, "immediate family member" means the9
spouse, mother, father, aunt, uncle, sibling, or child of the offender, whether related10
by blood, marriage, or adoption.11
D.E. Whoever violates the provisions of this Section shall be fined not more12
than five hundred dollars, imprisoned for not more than six months, or both.13
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
White HB No. 132
Abstract: Allows offenders to respond by mail to victims of the offense who initiate
communication with the offender.
Present law provides that an offender shall be prohibited from communicating with a victim
of the offense unless:
(1)The victim consents to the communication through the local prosecuting agency.
(2)The victim and offender have consented to participation in a restorative justice
program.
(3)The communication is made through the counsel of the offender or the offender
himself if he is representing himself at trial.
Proposed law amends present law to allow offenders to respond to victims of the offense
who initiate communication with the offender.
Proposed law deletes present law exception regarding restorative justice programs and
retains the following exceptions:
(1)The victim consents to the communication through the local prosecuting agency. HLS 10RS-575 ORIGINAL
HB NO. 132
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are additions.
(2)The communication is made through the counsel of the offender or the offender
himself.
Proposed law requires DPS&C to adopt regulations governing offender-victim
communications.
(Amends R.S. 46:1846)