Louisiana 2010 2010 Regular Session

Louisiana Senate Bill SB376 Introduced / Bill

                    SLS 10RS-746	ORIGINAL
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 376
BY SENATOR MORRELL 
CRIMINAL PROCEDURE. Provides for confidentiality of minors who are crime victims.
(8/15/10)
AN ACT1
To amend and reenact R.S. 46:1844(W)(1)(b) and to enact R.S. 46:1844(W)(1)(c), relative2
to criminal procedure, to provide for confidentiality of minors who are crime3
victims; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 46:1844(W)(1)(b) is hereby amended and reenacted and R.S.6
46:1844(W)(1)(c) is hereby enacted to read as follows: 7
ยง1844. Basic rights for victim and witness8
*          *          *9
W. Confidentiality of crime victims who are minors and victims of sex10
offenses.11
(1)(a)12
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(b) In order to protect the identity and provide for the safety and welfare14
of crime victims who are minors under the age of eighteen years and of victims15
of sex offenses, notwithstanding any provision of law to the contrary, all16
attorneys shall not publicly disclose the name, address, or identity of crime17 SB NO. 376
SLS 10RS-746	ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
victims who at the time of the commission of the offense are minors under1
eighteen years of age or of victims of sex offenses, regardless of the date of2
commission of the offense.  An attorney may lawfully utilize initials,3
abbreviations, or other forms of indefinite descriptions on documents used in4
the performance of their duties to prevent the public disclosure of the name,5
address, or identity of such crime victims.  If the name, address, or identity of6
such a crime victim must be disclosed in a motion or pleading, that motion or7
pleading shall be filed with the court under seal.  Failure to comply with this8
Subsection shall be punished as contempt of court.9
(b) (c) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,10
all information regarding juvenile crime victims that is required by a child abduction11
alert system which assists law enforcement in the successful resolution of child12
abduction cases, such as the AMBER Alert network, shall be made available to such13
alert system as quickly as possible.14
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Heyward Jeffers.
DIGEST
Present law provides for protection of the identity and provides for the safety and welfare
of crime victims who are minors under the age of eighteen years and victims of sex offenses,
and prohibits all public officials, officers, public agencies, including but not limited to all
law enforcement agencies, sheriffs, district attorneys, judicial officers, clerks of court, the
Crime Victims Reparations Board, and the Department of Social Services from disclosing
the name, address, or identity of such crime victims.
Proposed law retains present law and provides that persons violating the provisions of this
Subsection shall be punished for the offense of contempt of court.
Effective August 15, 2010.
(Amends R.S. 46:1844(W)(1)(b); adds R.S. 46:1844(W)(1)(c))