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ACT No. 251
Regular Session, 2011
HOUSE BILL NO. 124
BY REPRESENTATIVES PATRICIA SMITH AND DOERGE AND SENATORS
CHABERT, HEITMEIER, JACKSON, LAFLEUR, MARTINY, AND PETERSON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact Children's Code Articles 407 and 879(B), relative to delinquency2
proceedings; to amend provisions relative to the confidentiality of delinquency3
proceedings; to allow the victim and certain members of the victim's family to be4
present; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. This Act shall be known as the "Christopher Vaughn Act" in honor of7
Christopher Vaughn, a resident of Baton Rouge, Louisiana, who was killed on May 8, 2010.8
Section 2. Children's Code Articles 407 and 879(B) are hereby amended and9
reenacted to read as follows: 10
Art. 407. Confidentiality of hearings11
A. With the exceptions of delinquency proceedings pursuant to Article 879,12
child support proceedings, traffic violations pursuant to Chapter 2 of Title IX in13
parishes with a population between three hundred eighty thousand and four hundred14
thousand East Baton Rouge Parish, and misdemeanor trials of adults pursuant to15
Chapter 4 of Title XV, proceedings before the juvenile court shall not be public.16
However, the court shall allow the proceedings to be open to the public when the17
alleged delinquent act committed by the child would be considered a crime of18
violence as defined in R.S. 14:2(B), or when the alleged delinquent act would be a19
second or subsequent felony-grade adjudication.20
B. The child, his parents, counsel, the district attorney, authorized officers21
of the court, and witnesses called by the parties may be present at an adjudication22
hearing. The court may admit any other person who has a proper interest in the23 ENROLLEDHB NO. 124
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proceedings or the work of the court. In delinquency proceedings involving the1
violation of R.S. 14:30, first degree murder; R.S. 14:30.1, second degree murder;2
R.S. 14:42, aggravated rape; R.S. 14:44, aggravated kidnapping; or R.S. 14:64,3
armed robbery; the court shall admit the victim and the victim's spouse, children,4
siblings, and parents.5
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Art. 879. Presence at adjudication hearing; exclusion of witnesses 7
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B.(1) All proceedings in a juvenile delinquency case involving a crime of9
violence as defined in R.S. 14:2(B) or a delinquent act which is a second or10
subsequent felony-grade adjudication shall be open to the public.11
(2) Except as otherwise provided by law, in all juvenile delinquency12
proceedings involving the violation of first degree murder (R.S. 14:30), second13
degree murder (R.S. 14:30.1), aggravated rape (R.S. 14:42), aggravated kidnapping14
(R.S. 14:44), armed robbery (R.S. 14:64), negligent homicide (R.S. 14:32) or15
vehicular homicide (R.S. 14:32.1), the court shall allow the victim, the victim's16
spouse, children, siblings, parents, grandparents, guardians, and legal custodians to17
be present at the adjudication hearing.18
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SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: