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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, 2012
SENATE BILL NO. 519
BY SENATOR MARTINY
JUVENILES. Provides relative to juvenile delinquency proceedings. (8/1/12)
AN ACT1
To amend and reenact Children's Code Articles 407(A), 412(A) and 879, relative to juvenile2
proceedings; to provide relative to the confidentiality of delinquency hearings and3
the records thereof; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Children's Code Articles 407(A), 412(A) and 879 are hereby amended and6
reenacted to read as follows: 7
Art. 407. Confidentiality of hearings8
A. With the exceptions of delinquency proceedings pursuant to Article9
879Title VIII, child support proceedings, traffic violations pursuant to Chapter 2 of10
Title IX in East Baton Rouge Parish, and misdemeanor trials of adults pursuant to11
Chapter 4 of Title XV proceedings before the juvenile court shall not be public.12
* * *13
Art. 412. Confidentiality of records; disclosure exceptions; sanctions14
A. Records and reports concerning all matters or proceedings before the15
juvenile court, except traffic violations and delinquency proceedings pursuant to16
Title VIII, are confidential and shall not be disclosed except as expressly authorized17 SB NO. 519
SLS 12RS-270 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
by this Code. Any person authorized to review or receive confidential information1
shall preserve its confidentiality in the absence of express authorization for sharing2
with others.3
* * *4
Art. 879. Presence at adjudication hearing; exclusion of witnesses Adjudication5
hearing6
A. The child, his parents, counsel, the district attorney, authorized officials7
of the court, and witnesses called by the parties may be present at the adjudication8
hearing.9
B.(1) All proceedings in a juvenile delinquency case involving a crime of10
violence as defined in R.S. 14:2(B) or a delinquent act which is a second or11
subsequent felony-grade adjudication shall be open to the public.12
(2) Except as otherwise provided by law, in all juvenile delinquency13
proceedings involving the violation of first degree murder (R.S. 14:30), second14
degree murder (R.S. 14:30.1), aggravated rape (R.S. 14:42), aggravated kidnapping15
(R.S. 14:44), armed robbery (R.S. 14:64), negligent homicide (R.S. 14:32) or16
vehicular homicide (R.S. 14:32.1), the court shall allow the victim, the victim's17
spouse, children, siblings, parents, grandparents, guardians, and legal custodians to18
be present at the adjudication hearing.19
C. On its own motion the court may, and on the request of a party the court20
shall, order that the witnesses, other than parties, be excluded from the courtroom or21
from a place where they can see or hear the proceedings, and refrain from discussing22
the facts of the case with anyone other than counsel in the case. In the interest of23
justice, the court may exempt any witness from its order.24
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cathy R. Wells.
DIGEST
Present law provides for proceedings, records, and reports before juvenile courts to be
confidential, except for certain delinquency proceedings, child support proceedings, traffic
violations in East Baton Rouge Parish, and certain misdemeanor trials of adults. SB NO. 519
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law retains present law and extends confidentiality exception to include all juvenile
delinquency proceedings.
Present law authorizes the child, his parents, counsel, the district attorney, authorized
officials of the court, and witnesses called by the parties to be present at a juvenile
adjudication hearing. Present law further requires all proceedings in a juvenile delinquency
case involving a crime of violence as defined in R.S. 14:2(B) or a delinquent act which is
a second or subsequent felony-grade adjudication to be open to the public. Present law
requires the court to allow the victim, the victim's spouse, children, siblings, parents,
grandparents, guardians, and legal custodians to attend juvenile delinquency adjudication
proceedings involving the violation of first degree murder, second degree murder,
aggravated rape, aggravated kidnapping, armed robbery, negligent homicide, or vehicular
homicide.
Proposed law requires all proceedings in a juvenile delinquency adjudication to be open to
the public.
Effective August 1, 2012.
(Amends Ch.C. Art. 407(A), 412(A) and 879)