GREEN SHEET REDIGEST
HB 131 2019 Regular Session Coussan
CRIMINAL/VICTIMS: Provides relative to interviewing crime victims and family
members.
DIGEST
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. Present law further provides that the victim can be subpoenaed, however the
defendant must 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 immediate family
of their representation or work on behalf of the defendant and of the right to refuse the
interview. Proposed law further provides that this notification must be submitted prior to
requesting an interview with the victim or victim's family.
Proposed law further provides that this proposed law requirement does not apply when the
victim or victim's immediate 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. Removes the requirement that the proposed law notification given to the victim
or victim's family member be in writing.
2. Provides 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.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the engrossed
bill
1. Changes "advise" the victim's family member of right to refuse interview to
"notify" for purposes of proposed law.
2. Changes "victim's family" to "victim's immediate family" for purposes of
proposed law.
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Prepared by Alden A. Clement, Jr.