HLS 11RS-498 ORIGINAL
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are additions.
Regular Session, 2011
HOUSE BILL NO. 124
BY REPRESENTATIVE PATRICIA SMITH
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
JUVENILE PROCEDURE: Amends provisions regarding the confidentiality of
delinquency hearings to allow the victim and the victim's family members to be
present
AN ACT1
To amend and reenact Children's Code Articles 407 and 879(A) and to enact Children's2
Code Article 879(D), relative to delinquency proceedings; to amend provisions3
relative to the confidentiality of delinquency proceedings; to allow the victim and4
certain members of the victim's family to be present; to provide for restrictions; and5
to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. This Act shall be known as the "Christopher Vaughn Act" in honor of8
Christopher Vaughn, a resident of Baton Rouge, Louisiana, who was killed on May 8, 2010.9
Section 2. Children's Code Articles 407 and 879(A) are hereby amended and10
reenacted and Children's Code Article 879(D) is hereby enacted to read as follows: 11
Art. 407. Confidentiality of hearings12
A. With the exceptions of delinquency proceedings pursuant to Article 879,13
child support proceedings, traffic violations pursuant to Chapter 2 of Title IX in14
parishes with a population between three hundred eighty thousand and four hundred15
thousand East Baton Rouge Parish, and misdemeanor trials of adults pursuant to16
Chapter 4 of Title XV, proceedings before the juvenile court shall not be public.17
However, the court shall allow the proceedings to be open to the public when the18
alleged delinquent act committed by the child would be considered a crime of19 HLS 11RS-498 ORIGINAL
HB NO. 124
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violence as defined in R.S. 14:2(B), or when the alleged delinquent act would be a1
second or subsequent felony-grade adjudication.2
B. The child, his parents, counsel, the district attorney, authorized officers3
of the court, and witnesses called by the parties may be present at an adjudication4
hearing. The court may admit any other person who has a proper interest in the5
proceedings or the work of the court. 6
C. In delinquency proceedings involving the violation of R.S. 14:30, first7
degree murder; R.S. 14:30.1, second degree murder; R.S. 14:42, aggravated rape;8
R.S. 14:44, aggravated kidnapping; or R.S. 14:64, armed robbery; the court shall9
admit allow the victim and the victim's spouse, children, siblings, and parents family10
members to be present at the adjudication hearing pursuant to the provisions of11
Article 879.12
* * *13
Art. 879. Presence at adjudication hearing; exclusion of witnesses 14
A.(1) The child, his parents, counsel, the district attorney, authorized15
officials of the court, and witnesses called by the parties may be present at the16
adjudication hearing.17
(2) Except as provided in Paragraph D, the court shall allow the victim and18
the victim's family members to be present at the adjudication hearing.19
* * *20
D. On its own motion or on the request of a party, the court may, for good21
cause, order that certain persons who are allowed to be present at the proceedings22
pursuant to Subparagraph (A)(2) of this Article be excluded from the courtroom or23
from a place where they can observe or listen to the proceedings, or refrain from24
discussing the facts of the case with anyone other than counsel in the case.25 HLS 11RS-498 ORIGINAL
HB NO. 124
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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)]
Patricia Smith HB No. 124
Abstract: Amends provisions relative to the confidentiality of delinquency hearings,
allowing the victim and the victim's family members to be present.
Present law provides that with certain exceptions, including an exception for delinquency
proceedings, proceedings before the juvenile court shall not be public.
Present law provides that the child, his parents, counsel, the district attorney, authorized
officers of the court, and witnesses called by the parties may be present at an adjudication
hearing, and provides that the court may admit any other person who has a proper interest
in the proceedings or the work of the court.
Present law provides that the court shall allow the proceedings to be open to the public when
the alleged delinquent act committed by the child would be considered a crime of violence
as defined in R.S. 14:2(B), or when the alleged delinquent act would be a second or
subsequent felony-grade adjudication.
Present law provides that in delinquency proceedings involving first degree murder, second
degree murder, aggravated rape, aggravated kidnapping, or armed robbery, the court shall
admit the victim and the victim's spouse, children, siblings, and parents.
Proposed law amends present law to provide that in all delinquency proceedings, the court
shall allow the victim and the victim's family members to be present at the hearing.
Proposed law further provides that the court may, on its own motion or by request of a party,
and for good cause, order that certain persons, who are allowed to be present at the
proceedings pursuant to proposed law, be excluded from the courtroom or from a place
where they can observe or listen to the proceedings, or refrain from discussing the facts of
the case with anyone other than counsel in the case.
Proposed law shall be known as the "Christopher Vaughn Act".
(Amends Ch.C. Arts. 407 and 879(A); Adds Ch.C. Art. 879(D))