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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) and 412(A) and (H)(1), relative to2
juvenile proceedings; to provide relative to the confidentiality of delinquency3
hearings and 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) and 412(A) and (H)(1) are hereby6
amended and 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
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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
H. The district attorney, law enforcement agency, or court may release to the5
public the following identifying information concerning an alleged or adjudicated6
delinquent child, provided the child was at least fourteen years old at the commission7
of the delinquent act:8
(1) The name, age, and delinquent act for which the child is being charged9
whenever, in accordance with Article Articles 813 or 820, the court has found10
probable cause that the child committed a crime of violence as defined by R.S.11
14:2(B) or a second or subsequent felony-grade offense.12
* * *13
The original instrument was prepared by Cathy R. Wells. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Jerry G. Jones.
DIGEST
Martiny (SB 519)
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.
Proposed law extends exception to confidentiality to include juvenile delinquency
proceedings generally.
Present law provides that the district attorney, law enforcement agency, or court may release
to the public the following identifying information concerning an alleged or adjudicated
delinquent child, provided the child was at least fourteen years old at the commission of the
delinquent act: The name, age, and delinquent act for which the child is being charged
whenever the court has found probable cause for continued custody prior to adjudication that
the child committed a crime of violence as defined by R.S. 14:2(B) or a second or
subsequent felony-grade offense. Proposed law retains present law and also authorizes
release of such information when the court executes an order, after verified complaint,
directing that a child be taken into custody for commission of a delinquent act or violation
of the terms of his probation or release.
Effective August 1, 2012.
(Amends Ch.C. Art. 407(A) and 412(A) and (H)(1)) 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Deletes language relative to adjudication hearings and presence of witnesses
and others.
2. Adds language including orders directing a child be taken into custody.