Louisiana 2019 2019 Regular Session

Louisiana House Bill HB131 Comm Sub / Analysis

                    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 Engrossed	2019 Regular Session	Coussan
Abstract:  Requires individuals working on behalf of the defendant to notify the victim or victim's
family 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 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.
Proposed law further provides that this requirement does not apply when the victim or victim's
family member initiates communication with the attorney for the defendant or with any employee
or agent working for the attorney for the defendant.
(Amends R.S. 46:1844(C)(3))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill:
1. Remove the requirement that the proposed law notification given to the victim or victim's
family member be in writing.  
2. Provide that the required notification of the attorney's representation of the defendant and
the required advisement of the right of the victim or victim's family member to refuse an
interview does not apply when the victim initiates the communication.