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 313 Engrossed 2022 Regular Session Pressly
Abstract: Provides for the rights and eligibility for services of victims of criminal offenses.
Present law provides that a victim has the rights and is eligible for the services provided to crime
victims under present law only if the victim reported the crime to law enforcement authorities within
72 hours of its occurrence or discovery, unless extenuating circumstances exist.
Proposed law provides that a victim has the rights and is eligible for victim services regardless of
when the victim reported the crime to law enforcement authorities.
Present law provides that if the victim is properly registered with the clerk of court, the victim or
designated family member shall have the right to review and comment on the presentence or
postsentence reports relating to the crime against the victim.
Proposed law removes the requirement that the victim be properly registered with the clerk of court.
Present law provides that at all critical stages of the prosecution, if the victim or designated family
member has registered with the appropriate law enforcement or judicial agency and is present, the
court shall determine if the victim or designated family member wishes to make a victim impact
statement.
Proposed law removes the requirement that the victim or designated family member register with
the appropriate law enforcement or judicial agency.
Present law provides that in order for a victim or designated family member to be eligible to receive
notices provided by present law and exercise the rights provided by present law, the victim or
designated family member must complete a form promulgated by the La. Commission on Law
Enforcement and Administration of Criminal Justice.
Proposed law retains present law but authorizes instead of requires the victim or designated family
member to complete the form promulgated by the La. Commission on Law Enforcement and
Administration of Criminal Justice.
Present law provides that the victim and designated family member shall have the right to register
with the appropriate agency at any time and exercise prospectively the rights guaranteed by present
law. Proposed law retains present law but also provides that a victim or designated family member who
does not register with the appropriate agency shall nevertheless be permitted to exercise the rights
guaranteed by present law.
Present law provides that in order to protect the identity and provide for the safety and welfare of
crime victims who are minors and of victims of sex offenses or human trafficking-related offenses,
all public officials and officers and public agencies shall not publicly disclose the name, address,
contact information, or identity of crime victims who at the time of the commission of the offense
are minors or victims of sex offenses or human trafficking-related offenses, regardless of the date
of commission of the offense, but allows the victim to waive such confidentiality.
Present law further provides that the public disclosure of the name of the juvenile crime victim is
not prohibited when the crime resulted in the death of the victim.
Proposed law retains present law and also provides that present law shall be construed to require the
redaction of a victim's name when the named victim is the one requesting such documents, reports,
or any other records.
Proposed law provides that all victims of violent crimes shall have the right to access and obtain
their initial police report and that a victim of sexual assault shall have the right to a forensic medical
exam and a copy of their medical examination report pursuant to proposed law (R.S. 40:1216.1(G))
as proposed by Senate Bill 147 of the 2022 Regular Session.
Present law provides that the district attorney, prior to trial, shall make reasonable efforts to
interview the victim or designated family member to determine the facts of the case and whether the
victim or the family is requesting restitution, and further provides that law enforcement and judicial
agencies shall provide a private setting to conduct all interviews of the sexual assault victim.
Proposed law repeals present law.
Present law provides that the victim or the parent of guardian of a minor victim of sexual assault and
the victim's family may refuse any requests for interviews with the attorney for the defendant or any
employee or agent working for the attorney for the defendant, and further provides that before any
victim of sexual assault may be subpoenaed to testify on behalf of a defendant at any pretrial hearing,
the defendant shall show good cause at a contradictory hearing with the district attorney why the
subpoena should be issued.
Proposed law repeals present law.
Present law provides that willful disregard of the rights of victims and witnesses as provided by
present law may be punishable as contempt of court, and provides that failure to comply with the
provisions of present law shall not affect the admissibility of any evidence in a civil or criminal
proceeding, nor shall any sentence, plea, conviction, or other final disposition be invalidated due to
the failure to comply with present law. Proposed law repeals present law.
Present law provides that present law shall not be construed as creating a cause of action by or on
behalf of any person for an award of costs or attorney fees, for the appointment of counsel for a
victim, or for any cause of action for compensation or damages against the state, a political
subdivision, a public agency, or a court, or any officer, employee, or agent thereof, and further
provides that nothing in present law precludes filing for a writ of mandamus as provided in the
C.C.P. to compel the performance of a ministerial duty required by law.
Proposed law repeals present law.
Proposed law provides that proposed law shall take effect and become operative if and when the Act
which originated as Senate Bill No. 147 of the 2022 Regular Session is enacted and becomes
effective.
(Amends R.S. 46:1843, 1844(H), (K)(1)(a), (T), and (W)(1)(a), and 1845(B); Adds R.S. 46:1844(X);
Repeals R.S. 46:1845(C) and (D))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original bill:
1. Specify that victims of violent crimes have the right to obtain their initial police report.
2. Remove the requirement that the forensic medical exam be free.
3. Add a cross reference to proposed law R.S. 40:1216.1(G) as provided by Senate Bill No.
147 of the 2022 Regular Session.
4. Make proposed law contingent on the enactment of Senate Bill No. 147 of the 2022
Regular Session.