Louisiana 2012 2012 Regular Session

Louisiana Senate Bill SB519 Engrossed / Bill

                    SLS 12RS-270	REENGROSSED
Page 1 of 2
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 Article 412(H)(1), relative to juvenile proceedings;2
to provide relative to the confidentiality of delinquency hearings and the records3
thereof; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Children's Code Article 412(H)(1) is hereby amended and reenacted to6
read as follows:7
Art. 412.  Confidentiality of records; disclosure exceptions; sanctions8
*          *          *9
H. The district attorney, law enforcement agency, or court may release to the10
public the following identifyi ng information concerning an alleged or adjudicated11
delinquent child, provided the child was at least fourteen years old at the commission12
of the delinquent act:13
(1) The name, age, and delinquent act for which the child is being charged14
whenever, in accordance with Article Articles 813 or 820, the court has found15
probable cause that the child committed a crime of violence as defined by R.S.16
14:2(B) or a second or subsequent felony-grade offense.17 SB NO. 519
SLS 12RS-270	REENGROSSED
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
*          *          *1
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 Nancy Vicknair.
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.
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. 412(H)(1))
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.
Senate Floor Amendments to engrossed bill
1. Deletes language regarding the confidentiality of hearings and records in
juvenile delinquency proceedings generally.