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2022 Regular Session
SENATE BILL NO. 69
BY SENATOR CONNICK
CRIMINAL PROCEDURE. Provides relative to protections for crime victims. (8/1/22)
1 AN ACT
2 To amend and reenact R.S. 46:1806(A)(1), 1842(3)(c), and (15)(c) and (d), 1843, and
3 1844(H), (K)(1)(a), and (T)(1) and (3), and to enact R.S. 46:1842(3)(d) through (h)
4 and (15)(e) through (h), relative to crime victim protections; to provide relative to
5 broadening rights for victims of crimes and designated family members; and to
6 provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 46:1806(A)(1), 1842(3)(c), and (15)(c) and (d), 1843, and 1844(H),
9 (K)(1)(a), and (T)(1) and (3) are hereby amended and reenacted and R.S. 46:1842(3)(d)
10 through (h) and (15)(e) through (h) are hereby enacted to read as follows:
11 §1806. Application; requirements; confidentiality
12 A.(1) An application for reparations shall be filed in writing with the board
13 within one year after the date of the personal injury, death, or catastrophic property
14 loss or within such longer period as the board determines is justified by the
15 circumstances. The application shall be valid regardless of when the victim
16 reported the crime to law enforcement authorities. only if the act resulting in the
17 personal injury, death, or catastrophic property loss was reported to the appropriate
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1 law enforcement officers within seventy-two hours after the date of the personal
2 injury, death, or catastrophic property loss, or within such longer period as the board
3 determines is justified by the circumstances.
4 * * *
5 §1842. Definitions
6 In this Chapter:
7 * * *
8 (3) "Crime victim who is a minor" means a person under the age of eighteen
9 against whom any of the following offenses have been committed:
10 * * *
11 (c) The offenses of vehicular negligent injuring (R.S. 14:39.1) and first
12 degree vehicular negligent injuring (R.S. 14:39.2).
13 (d) Any offense against the person as defined in R.S. 14:29 through R.S.
14 14:63.3.
15 (e) Any offense committed against a family or household member as
16 defined in R.S. 46:2132 or dating partner as defined in R.S. 46:2151.
17 (f) The offense of violation of protective orders (R.S. 14:79).
18 (g) The offenses of voyeurism (R.S. 14:283.1), Peeping Tom (R.S. 14:284),
19 and unlawful communications (R.S. 14:285).
20 (h) Any other offense which is a felony committed against any natural
21 person.
22 * * *
23 (15) "Victim" means a person against whom any of the following offenses
24 have been committed:
25 * * *
26 (c) The offenses of vehicular negligent injuring (R.S. 14:39.1) and first
27 degree vehicular negligent injuring (R.S. 14:39.2).
28 (d) Any offense against the person as defined in the Criminal Code
29 committed against a family or household member as defined in R.S. 46:2132(4) or
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1 dating partner as defined in R.S. 46:2151(B) R.S. 14:29 through R.S. 14:63.3.
2 (e) Any offense committed against a family or household member as
3 defined in R.S. 46:2132 or dating partner as defined in R.S. 46:2151.
4 (f) The offense of violation of protective orders (R.S. 14:79).
5 (g) The offenses of voyeurism (R.S. 14:283.1), Peeping Tom (R.S. 14:284),
6 and unlawful communications (R.S. 14:285).
7 (h) Any other offense which is a felony committed against any natural
8 person.
9 * * *
10 §1843. Eligibility of victims
11 Except as provided in R.S. 46:1845, a A victim has the rights and is eligible
12 for the services under this Chapter regardless of when the victim reported the
13 crime to law enforcement authorities. only if the victim reported the crime to law
14 enforcement authorities within seventy-two hours of its occurrence or discovery,
15 unless extenuating circumstances exist for later reporting.
16 * * *
17 §1844. Basic rights for victim and witness
18 * * *
19 H. Presentence or postsentence reports. If properly registered with the clerk
20 of court, the The victim or designated family member shall have the right to review
21 and comment on the presentence or postsentence reports relating to the crime against
22 the victim. The trial court shall regulate when and how the presentence report is
23 provided to the victim or designated family member. The Department of Public
24 Safety and Corrections shall regulate how the postsentence report is provided to the
25 victim or designated family member.
26 * * *
27 K. Right of victim or designated family member to be present and heard at
28 all critical stages of the proceedings.
29 (1)(a) At all critical stages of the prosecution, if the victim or designated
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1 family member has registered with the appropriate law enforcement or judicial
2 agency and is present, the court shall determine if the victim or designated family
3 member wishes to make a victim impact statement. If the victim is not present, the
4 court shall ascertain whether the victim or designated family member has requested
5 notification and, if so, whether proper notice has been issued to the victim or
6 designated family member, in accordance with Subsection B of this Section, by the
7 clerk of court or by the district attorney's office. If notice has been requested and
8 proper notice has not been issued, the court shall continue the proceedings until
9 proper notice is issued.
10 * * *
11 T. Registration with the appropriate law enforcement or judicial agency.
12 (1) In order for a victim or designated family member to be eligible to receive
13 notices hereunder and exercise the rights provided in this Chapter, the victim or
14 designated family member must may complete a form promulgated by the Louisiana
15 Commission on Law Enforcement and Administration of Criminal Justice. The form
16 shall be completed by the victim or designated family member and shall be filed with
17 the law enforcement agency investigating the offense of which the person is a victim,
18 as defined in this Chapter. The completed victim notice and registration form shall
19 be included in the documents sent by the law enforcement agency to the district
20 attorney for prosecution. The district attorney shall include the completed victim
21 notice and registration form with any subsequent bill of information or indictment
22 that is filed with the clerk of court. Upon conviction, the victim notice and
23 registration form shall be included in the documents sent by the clerk of court to the
24 Department of Public Safety and Corrections, the law enforcement agency having
25 custody of the defendant, or the division of probation and parole.
26 * * *
27 (3) The victim and designated family member shall have the right to register
28 with the appropriate agency at any time and exercise prospectively the rights
29 guaranteed by this Chapter. However, a victim or designated family member who
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1 does not register with the appropriate agency shall nevertheless be permitted
2 to exercise the rights guaranteed by this Chapter insofar as possible.
3 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Whitney Kauffeld.
DIGEST
SB 69 Engrossed 2022 Regular Session Connick
Present law provides rights for victims of crimes.
Proposed law retains present law and eases restrictions on eligibility and involvement in
criminal justice processes. Proposed law removes requirement that a victim must report a
crime within 72 hours in order to receive benefits available under present law, and expands
eligibility to victims of additional crimes.
Proposed law removes requirement that the victim or designated family member must
register with the La. Commission on Law Enforcement and Administration of Criminal
Justice in order to receive services.
Effective August 1, 2022.
(Amends R.S. 46:1806(A)(1), 1842(3)(c) and (15)(c) and (d), 1843, and 1844(H), (K)(1)(a),
and (T)(1) and (3); adds R.S. 46:1842(3)(d) - (h) and (15)(e) - (h))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.