SLS 10RS-744 ORIGINAL
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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. 378
BY SENATOR MORRELL
CRIMINAL PROCEDURE. Provides for refusal of a parent to allow a minor to be
interviewed. (8/15/10)
AN ACT1
To amend and reenact R.S. 46:1844(C)(3), relative to criminal procedure; to provide that a2
parent may refuse to allow their minor children to be interviewed by certain persons;3
to provide penalties for willful disregard of rights; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 46:1844(C)(3) is hereby amended and reenacted to read as follows:6
C. Interviewing the victim and witness of a crime.7
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(3) The victim and the victim's family may refuse any requests for interviews9
with the attorney for the defendant or any employee or agent working for the10
attorney for the defendant. If the victim is a minor, the parent or guardian of the11
victim may refuse to permit the minor to be interviewed by the attorney for the12
defendant or any employee or agent working for the attorney for the defendant.13
Before any victim may be subpoenaed to testify on behalf of a defendant at any14
pretrial hearing, the defendant shall show good cause at a contradictory hearing with15
the district attorney why the subpoena should be issued. Willful disregard of the16
rights of victims and witnesses as enumerated in this Paragraph shall be17 SB NO. 378
SLS 10RS-744 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
punishable as contempt of court.1
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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 that the victim or the victim's family may refuse any requests for
interviews with the attorney for the defendant or any employee or agent working for the
attorney for the defendant.
Present law provides that before any victim may be subpoenaed to testify on behalf of a
defendant at any pretrial hearing, the defendant shall show good cause at a contradictory
hearing with the district attorney why the subpoena should be issued.
Proposed law provides that if the victim is a minor, the parent or guardian of the victim may
refuse to permit the minor to be interviewed by the attorney for the defendant or any
employee or agent working for the attorney for the defendant.
Proposed law provides that willful disregard of the rights of victims and witnesses
enumerated in this Paragraph is punishable as contempt of court.
Effective August 15, 2010.
(Amends R.S. 46:1844(C)(3))