SLS 24RS-991 ORIGINAL
2024 Regular Session
SENATE BILL NO. 402
BY SENATOR DUPLESSIS
CRIMINAL PROCEDURE. Provides that victims be allowed to directly address a defendant
when providing a victim impact statement. (8/1/24)
1 AN ACT
2 To amend and reenact R.S. 46:1844(K)(1)(b)(ii), relative to rights of crime victims; to
3 provide relative to victim impact statements; to require a court to allow a victim
4 impact statement to be directed toward the defendant; and to provide for related
5 matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 46:1844(K)(1)(b)(ii) is hereby amended and reenacted to read as
8 follows:
9 ยง1844. Basic rights for victim and witness
10 * * *
11 K. Right of victim or designated family member to be present and heard at
12 all critical stages of the proceedings.
13 (1) * * *
14 (b) The victim and victim's family members shall have the right to make a
15 written and oral victim impact statement as follows:
16 * * *
17 (ii) The hearing at which an oral statement is provided to the court shall be
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 402
SLS 24RS-991 ORIGINAL
1 subject to the limitations of relevance. In any case where the number of victim's
2 family members exceeds three, the court may limit the in-court statements it receives
3 from them to a fewer number of statements. The court may otherwise reasonably
4 restrict the oral statement in order to maintain courtroom decorum. The defendant
5 must be present for the victim impact statement and the court shall not prohibit the
6 statement from being directed toward the defendant, unless the statement
7 disturbs the order and decorum of the courtroom. Upon motion of the state, the
8 court may hear any such statement in camera.
9 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jonathon Wagner.
DIGEST
SB 402 Original 2024 Regular Session Duplessis
Present law provides that certain persons may present a written and oral victim impact
statement to the court.
Proposed law retains present law and provides that the court must allow a person presenting
a victim impact statement to direct the statement toward the defendant, unless doing so
disturbs the order and decorum of the courtroom.
Effective August 1, 2024.
(Amends R.S. 46:1844(K)(1)(b)(ii))
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.