2022 Regular Session ENROLLED
SENATE BILL NO. 69
BY SENATOR CONNICK AND REPRESENTATIVE MARINO
1 AN ACT
2 To amend and reenact R.S. 46:1842(3)(c), and (15)(c) and (d), 1843, and 1844(H), (K)(1)(a),
3 and (T)(1) and (3), and to enact R.S. 46:1842(3)(d) through (h) and (15)(e) through
4 (h), relative to crime victim protections; to provide relative to broadening rights for
5 victims of crimes and designated family members; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 46:1842(3)(c), and (15)(c) and (d), 1843, and 1844(H), (K)(1)(a), and
8 (T)(1) and (3) are hereby amended and reenacted and R.S. 46:1842(3)(d) through (h) and
9 (15)(e) through (h) are hereby enacted to read as follows:
10 §1842. Definitions
11 In this Chapter:
12 * * *
13 (3) "Crime victim who is a minor" means a person under the age of eighteen
14 against whom any of the following offenses have been committed:
15 * * *
16 (c) The offenses of vehicular negligent injuring (R.S. 14:39.1) and first
17 degree vehicular negligent injuring (R.S. 14:39.2).
18 (d) Any offense against the person as defined in R.S. 14:29 through R.S.
19 14:63.3.
20 (e) Any offense committed against a family or household member as
21 defined in R.S. 46:2132 or dating partner as defined in R.S. 46:2151.
22 (f) The offense of violation of protective orders (R.S. 14:79).
23 (g) The offenses of voyeurism (R.S. 14:283.1), Peeping Tom (R.S. 14:284),
24 and unlawful communications (R.S. 14:285).
25 (h) Any other offense which is a felony committed against any natural
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1 person.
2 * * *
3 (15) "Victim" means a person against whom any of the following offenses
4 have been committed:
5 * * *
6 (c) The offenses of vehicular negligent injuring (R.S. 14:39.1) and first
7 degree vehicular negligent injuring (R.S. 14:39.2).
8 (d) Any offense against the person as defined in the Criminal Code
9 committed against a family or household member as defined in R.S. 46:2132(4) or
10 dating partner as defined in R.S. 46:2151(B) R.S. 14:29 through R.S. 14:63.3.
11 (e) Any offense committed against a family or household member as
12 defined in R.S. 46:2132 or dating partner as defined in R.S. 46:2151.
13 (f) The offense of violation of protective orders (R.S. 14:79).
14 (g) The offenses of voyeurism (R.S. 14:283.1), Peeping Tom (R.S. 14:284),
15 and unlawful communications (R.S. 14:285).
16 (h) Any other offense which is a felony committed against any natural
17 person.
18 * * *
19 §1843. Eligibility of victims
20 Except as provided in R.S. 46:1845, a A victim has the rights and is eligible
21 for the services under this Chapter regardless of when the victim reported the
22 crime to law enforcement authorities. only if the victim reported the crime to law
23 enforcement authorities within seventy-two hours of its occurrence or discovery,
24 unless extenuating circumstances exist for later reporting.
25 §1844. Basic rights for victim and witness
26 * * *
27 H. Presentence or postsentence reports. If properly registered with the clerk
28 of court, the The victim or designated family member shall have the right to review
29 and comment on the presentence or postsentence reports relating to the crime against
30 the victim. The trial court shall regulate when and how the presentence report is
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1 provided to the victim or designated family member. The Department of Public
2 Safety and Corrections shall regulate how the postsentence report is provided to the
3 victim or designated family member.
4 * * *
5 K. Right of victim or designated family member to be present and heard at
6 all critical stages of the proceedings.
7 (1)(a) At all critical stages of the prosecution, if the victim or designated
8 family member has registered with the appropriate law enforcement or judicial
9 agency and is present, the court shall determine if the victim or designated family
10 member wishes to make a victim impact statement. If the victim is not present, the
11 court shall ascertain whether the victim or designated family member has requested
12 notification and, if so, whether proper notice has been issued to the victim or
13 designated family member, in accordance with Subsection B of this Section, by the
14 clerk of court or by the district attorney's office. If notice has been requested and
15 proper notice has not been issued, the court shall continue the proceedings until
16 proper notice is issued.
17 * * *
18 T. Registration with the appropriate law enforcement or judicial agency.
19 (1) In order for a victim or designated family member to be eligible to receive
20 notices hereunder and exercise the rights provided in this Chapter, the victim or
21 designated family member must may complete a form promulgated by the Louisiana
22 Commission on Law Enforcement and Administration of Criminal Justice. The form
23 shall be completed by the victim or designated family member and shall be filed with
24 the law enforcement agency investigating the offense of which the person is a victim,
25 as defined in this Chapter. The completed victim notice and registration form shall
26 be included in the documents sent by the law enforcement agency to the district
27 attorney for prosecution. The district attorney shall include the completed victim
28 notice and registration form with any subsequent bill of information or indictment
29 that is filed with the clerk of court. Upon conviction, the victim notice and
30 registration form shall be included in the documents sent by the clerk of court to the
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1 Department of Public Safety and Corrections, the law enforcement agency having
2 custody of the defendant, or the division of probation and parole.
3 * * *
4 (3) The victim and designated family member shall have the right to register
5 with the appropriate agency at any time and exercise prospectively the rights
6 guaranteed by this Chapter. However, a victim or designated family member who
7 does not register with the appropriate agency shall nevertheless be permitted
8 to exercise the rights guaranteed by this Chapter insofar as possible.
9 * * *
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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