RDCSB146 2697 3027
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)]
SB 146 Reengrossed 2019 Regular Session Morrell
Present law provides that if the testimony of a witness is essential to the prosecution or the
defense, and it may become impracticable to secure the presence of the person by subpoena,
then upon motion of the district attorney or a defendant, a judge is to issue a warrant for the
arrest of the witness. Present law further provides that the witness is to be arrested and held
in the parish jail or other suitable place as designated by the court, until he gives an
appearance bond as provided for defendants admitted to bail, or until his testimony has been
given or dispensed with.
Proposed law provides an exception to present law for material witness warrants for victims
of sex offenses and intimate partner violence.
Proposed law provides that in certain misdemeanor prosecution cases, defined as a sex
offense under present law, or the present law crimes of battery of a dating partner, domestic
abuse battery, or domestic abuse aggravated assault, a judge shall not order a material
witness warrant to secure the presence of a victim.
Proposed law provides that in certain felony prosecution cases, defined as a sex offense
under present law, or the present law crimes of battery of a dating partner, domestic abuse
battery, or domestic abuse aggravated assault against a current or former spouse, a judge
shall not order a material witness warrant solely for the purpose of securing the attendance
or testimony of a victim unless an applicant presents an affidavit to the judge attesting to all
of the following:
(1)Efforts made by the applicant to secure the victim's appearance in court.
(2)The victim's testimony is essential to the prosecution or defense of a criminal
proceeding.
(3)The affidavit is filed in compliance with present law.
Proposed law provides that only a qualified victim for which a material witness warrant is
sought pursuant to proposed law shall having standing to raise the proposed law protections
provided in proposed law.
Proposed law provides that when the appearance of a secured victim occurs, immediate
notification must be made to the judge who signed the warrant, the duty judge or magistrate
as well as the applicant who requested the order.
Proposed law provides that upon notification that the victim has been secured, the victim
shall be brought before the judge pursuant to the following:
(1)Within the jurisdiction of the issued material warrant, the secured victim shall be
brought before the judge on the next scheduled business day.
(2)Outside the jurisdiction of the issued material warrant, the secured victim shall be
brought before the judge as soon as practically possible.
Proposed law provides that the judge shall explore all available alternatives to incarceration
to ensure the victim's appearance in court, and be notified of certain rights, including a right
to retain or apply for counsel.
Proposed law provides a presumption that the victim be released on his own recognizance.
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Proposed law provides certain conditions of release for such secured victim such as bond
supervision, GPS monitoring, treatment facilities, shelters, lodging, or services offered by
community partners or victim witness assistance coordinators.
Proposed law provides that the judge may order that the secured victim be placed in
protective custody as an alternative to incarceration. If possible, a victim shall not be
incarcerated in the same institution as the defendant.
Proposed law provides for a reporting system of information regarding material witness
warrant data.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 15:257; Adds R.S. 15:257.1 and 625)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Makes proposed law applicable to both the prosecution and the defense
instead of only applicable to the prosecution.
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill
1. Deletes the provision which prohibits the arrest and incarceration of victims
of domestic violence and sexual assault who refuse to testify against their
abusers.
2. Adds a provision to provide limitations of arrest and incarceration of victims
of domestic violence and sexually oriented criminal offenses who refuse to
testify against their abusers.
3. Makes technical corrections.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the reengrossed bill:
1. Specify that a judge shall not order a material witness warrant solely to secure
the attendance or testimony of a victim listed in the indictment or bill of
information in a felony prosecution.
2. Specify that "dating partner" for purposes of proposed law has the same meaning
as provided in the present law Protection from Dating Violence Act.
3. Change certain references in proposed law from "witness" to "victim".
4. Provide that only a qualified victim for which a material witness warrant is being
sought pursuant to proposed law shall have standing to raise the protections
provided in proposed law.
5. Provide that a victim who is indigent shall be authorized to apply for counsel for
a bond hearing, instead of a providing the victim with a right to appointed
counsel.
6. Change references in proposed law from "criminal justice agency" to "district
attorney or other prosecution agency".
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7. Change references in proposed law from "Department of Justice" to "Louisiana
Commission on Law Enforcement and Administration of Criminal Justice".
8. With regard to the required reporting of information about the number of
material witness warrants applied for, specify that the report shall only include
those warrants that are applied for pursuant to proposed law and have been filed
into the record of any criminal prosecution proceeding within their jurisdiction.
9. Remove the requirement that the report include the name and contact information
of agencies that have failed to submit reports required under proposed law.
10.Make technical corrections.
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