SSHB160 4274 3961
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 160 2023 Regular Session Hilferty
JUVENILES: Provides relative to rights of victims of alleged delinquent acts
Synopsis of Senate Amendments
1.Prohibits the disclosure of any information, including identifying information,
to the public regarding juvenile proceedings when certain offenses are charged.
2.Provides for an effective date of Jan. 1, 2024.
Digest of Bill as Finally Passed by Senate
Present law (Ch.C. Art. 811.1) provides for the rights and list of services available to the
victim of an alleged delinquent act.
Proposed law retains present law.
Present law (Ch.C. Art. 811.1(A)(5)) provides that the court should provide, whenever
possible, a secure waiting area during court proceedings that does not require victims and
their legal representatives to be in close proximity to accused children and their families and
friends. Provides that the juvenile court shall provide a secure waiting area in cases
involving violent crime.
Proposed law amends present law to add that the victim or the designated member of the
victim's family in a case involving homicide or injury to a minor has the right to be present
at all court proceedings and, whenever practical, shall be allowed to observe the proceedings
by simultaneous transmission through audiovisual equipment, if such technology is available
in the courtroom.
Present law (Ch.C. Art. 811.1(A)(10)) provides for consultation between the prosecutor and
the victim of a violent felony-grade offense as well as the designated member of the victim's
family for the purpose of obtaining their view on both the disposition as well the use of
available disposition alternatives for a case that involves homicide or injury to a minor.
Proposed law amends present law to remove the designation that the victim be a victim of
a felony-grade offense and provides that the district attorney, whenever practical, shall
consult either the victim or a designated member of the victim's family in a case that involves
homicide or injury to a minor.
Present law (Ch.C. Art. 811.1(F)) provides that any information about the status of the case
in juvenile court which is received by the victim or his legal representative shall remain
subject to the confidentiality restrictions of present law (Ch.C. Art. 412) and shall not be
further disclosed by him.
Proposed law changes present law to prohibit public officials, officers, and agencies from
disclosing the name, address, or identity of a juvenile victim of crime who at the time of the
commission of the offense is under 17 years of age. Further amends present law to raise the
age threshold of the juvenile victim from 17 to 18 years of age.
Present law (Ch.C. Art. 811.3(1)) defines the term "juvenile crime victim" as a person, under
the age of 17, against whom an offense against the person that is a felony has been
committed.
Proposed law amends the present law definition of "juvenile crime victim" to change the age
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threshold to under the age of 18 and to change the type of offense from an offense against
the person that is a felony to a delinquent act.
Present law (Ch.C. Art. 811.3(2)) defines the term"victim" as a person against whom an
offense that is a felony-grade delinquent act has been committed.
Proposed law amends the present law definition of "victim" to remove the felony-grade
designation.
Present law (Ch.C. Art. 811.3(3)) defines the term "victim's family" as a spouse, parent,
child, stepchild, sibling, or legal representative of the victim, except when the person is in
custody for an offense or is the defendant.
Proposed law amends the definition of "victim's family" to include the victim's grandparent,
guardian, or legal custodian.
Present law (Ch.C. Art. 879) provides for both the presence and exclusion of witnesses at an
adjudication hearing.
Proposed law retains present law.
Present law (Ch.C. Art. 879(B)(2)) provides that the court shall allow the victim, the victim's
spouse, children, siblings, parents, grandparents, guardians, and legal custodians to be
present at the adjudication hearing in all juvenile delinquency proceedings involving the
violation of first degree murder (R.S. 14:30), second degree murder (R.S. 14:30.1),
aggravated or first degree rape (R.S. 14:42), aggravated kidnapping (R.S. 14:44), armed
robbery (R.S. 14:64), negligent homicide (R.S. 14:32), or vehicular homicide (R.S. 14:32.1).
Proposed law prohibits disclosure, pursuant to present law (Ch.C. Art. 412), of any
information, including identifying information, regarding juvenile proceedings when certain
offenses are charged.
Proposed law provides that proposed law does not authorize exclusion of any of the
following witnesses:
(1)A party who is a natural person.
(2)A single officer or single employee of a party which is not a natural person
designated as its representative or case agent by its attorney.
(3)A person whose presence is shown by a party to be essential to the presentation of his
cause such as an expert.
(4)The victim of the offense or the family of the victim.
Proposed law provides that a court may impose appropriate sanctions for violations of its
exclusion order including contempt, or when such sanctions are insufficient, disqualification
of the witness.
Effective Jan. 1, 2024.
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