Louisiana 2012 2012 Regular Session

Louisiana Senate Bill SB623 Engrossed / Bill

                    SLS 12RS-928	ENGROSSED
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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. 623
BY SENATOR LAFLEUR 
SEX OFFENSES. Provides for right of privacy for juvenile victims of certain sex offenses.
(gov sig)
AN ACT1
To amend and reenact R.S. 46:1844(W)(2), relative to criminal procedure; to provide2
relative to the rights of juvenile victims of certain sex offenses; to provide that3
certain information relative to juvenile victims of misdemeanor sex offenses shall not4
be publicly disclosed; to provide for definitions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 46:1844(W)(2) is hereby amended and reenacted to read as follows:7
ยง1844. Basic rights for victim and witness8
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W. Confidentiality of crime victims who are minors and victims of sex10
offenses.11
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(2) For purposes of this Section, "sex offense" shall include means the13
perpetration or attempted perpetration of any sex offense, whether a misdemeanor14
or a felony, when the victim is under the age of eighteen years, including but not15
limited to aggravated rape (R.S. 14:42), forcible rape (R.S. 14:42.1), simple rape16
(R.S. 14:43), sexual battery (R.S. 14:43.1), second degree sexual battery (R.S.17 SB NO. 623
SLS 12RS-928	ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
14:43.2), oral sexual battery (R.S. 14:43.3), intentional exposure to the AIDS virus1
(R.S. 14:43.5), stalking (R.S. 14:40.2), incest (R.S. 14:78), aggravated incest (R.S.2
14:78.1), felony carnal knowledge of a juvenile (R.S. 14:80), misdemeanor carnal3
knowledge of a juvenile (R.S. 14:80.1), indecent behavior with juveniles (R.S.4
14:81), pornography involving juveniles (R.S. 14:81.1), molestation of a juvenile or5
a person with a physical or mental disability (R.S. 14:81.2), prohibited sexual6
conduct between educator and student (R.S. 14:81.4), crime against nature (R.S.7
14:89), aggravated crime against nature (R.S. 14:89.1), sexual battery of the infirm8
(R.S. 14:93.5), obscenity (R.S. 14:106), and video voyeurism (R.S. 14:283) .9
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Section 2. This Act shall become effective upon signature by the governor or, if not11
signed by the governor, upon expiration of the time for bills to become law without signature12
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If13
vetoed by the governor and subsequently approved by the legislature, this Act shall become14
effective on the day following such approval.15
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
LaFleur (SB 623)
Present law provides that public officials and officers and public agencies, including but not
limited to all law enforcement agencies, sheriffs, district attorneys, judicial officers, clerks
of court, the Crime Victims Reparations Board, and the Dept. of Children and Family
Services or any division thereof, cannot publicly disclose the name, address, or identity of
juvenile victims of certain felony sex offenses.
Proposed law retains present law and adds that present law also applies to misdemeanor sex
offenses when the victim is a juvenile.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 46:1844(W)(2))