HLS 19RS-421 ENGROSSED
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)(a)(i) 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 of his representation or work on behalf of the defendant, and
16 shall advise the victim or the victim's family member of their right to refuse the
17 interview.
18 (ii) The provisions of this Subparagraph shall not apply when the victim or
19 victim's family member initiates communication with the attorney for the defendant
20 or with any employee or agent working for the attorney for the defendant.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-421 ENGROSSED
HB NO. 131
1 (b) The victim and the victim's family may refuse any requests for interviews
2 with the attorney for the defendant or any employee or agent working for the
3 attorney for the defendant. If the victim is a minor, the parent or guardian of the
4 victim may refuse to permit the minor to be interviewed by the attorney for the
5 defendant or any employee or agent working for the attorney for the defendant.
6 (c) Before any victim may be subpoenaed to testify on behalf of a defendant
7 at any pretrial hearing, the defendant shall show good cause at a contradictory
8 hearing with the district attorney why the subpoena should be issued.
9 (d) Willful disregard of the rights of victims and witnesses as enumerated in
10 this Paragraph may be punishable as contempt of court.
11 * * *
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:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 19RS-421 ENGROSSED
HB NO. 131
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.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.