HLS 19RS-421 ORIGINAL
2019 Regular Session
HOUSE BILL NO. 131
BY REPRESENTATIVE COUSSAN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/VICTIMS: Provides relative to interviewing crime victims and family
members
1 AN ACT
2To amend and reenact R.S. 46:1844(C)(3), relative to the rights of crime victims; to provide
3 relative to interviews by defense counsel or employees or agents of defense counsel;
4 to require written notification; to provide relative to the victim's right to refuse an
5 interview; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 46:1844(C)(3) is hereby amended and reenacted to read as follows:
8 ยง1844. Basic rights for victim and witness
9 * * *
10 C. Interviewing the victim and witness of a crime.
11 * * *
12 (3) Prior to requesting any interview with a victim or victim's family
13 member, the attorney for the defendant or any employee or agent working for the
14 attorney for the defendant, shall clearly and unambiguously notify the victim or
15 victim's family member in writing of his representation or work on behalf of the
16 defendant, and shall advise the victim or the victim's family member of their right
17 to refuse the interview. The victim and the victim's family may refuse any requests
18 for interviews with the attorney for the defendant or any employee or agent working
19 for the attorney for the defendant. If the victim is a minor, the parent or guardian of
20 the victim may refuse to permit the minor to be interviewed by the attorney for the
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-421 ORIGINAL
HB NO. 131
1 defendant or any employee or agent working for the attorney for the defendant.
2 Before any victim may be subpoenaed to testify on behalf of a defendant at any
3 pretrial hearing, the defendant shall show good cause at a contradictory hearing with
4 the district attorney why the subpoena should be issued. Willful disregard of the
5 rights of victims and witnesses as enumerated in this Paragraph may be punishable
6 as contempt of court.
7 * * *
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 131 Original 2019 Regular Session Coussan
Abstract: Requires individuals working on behalf of the defendant to notify the victim or
victim's family in writing prior to requesting an interview.
Present law, regarding rights of crime victims, provides the victim or the victim's family
with the right to refuse any requests for interviews with individuals working on behalf of the
defendant. Additionally, the victim can be subpoenaed, however the defendant shall show
good cause at a contradictory hearing with the district attorney as to why the subpoena
should be issued.
Proposed law retains present law and requires any individual working on behalf of the
defendant to clearly and unambiguously notify the victim or the victim's family in writing
of their representation or work on behalf of the defendant and of the right to refuse the
interview. This notification must be submitted prior to requesting an interview with the
victim or victim's family.
(Amends R.S. 46:1844(C)(3))
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.