SLS 10RS-744 REENGROSSED
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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 SENATORS MORRELL AND DORSEY
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
ยง1844. Basic rights for victim and witnesses7
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C. Interviewing the victim and witness of a crime.9
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(3) The victim and the victim's family may refuse any requests for interviews11
with the attorney for the defendant or any employee or agent working for the12
attorney for the defendant. If the victim is a minor, the parent or guardian of the13
victim may refuse to permit the minor to be interviewed by the attorney for the14
defendant or any employee or agent working for the attorney for the defendant.15
Before any victim may be subpoenaed to testify on behalf of a defendant at any16
pretrial hearing, the defendant shall show good cause at a contradictory hearing with17 SB NO. 378
SLS 10RS-744 REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the district attorney why the subpoena should be issued. Willful disregard of the1
rights of victims and witnesses as enumerated in this Paragraph may be2
punishable as contempt of court.3
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The original instrument was prepared by Heyward Jeffers. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Ann S. Brown.
DIGEST
Morrell (SB 378)
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 may be
punishable as contempt of court.
Effective August 15, 2010.
(Amends R.S. 46:1844(C)(3))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Changes from mandatory to discretionary the punishment of contempt of
court for willful disregard of the rights of victims and witnesses.