2024 Regular Session ENROLLED
SENATE BILL NO. 402
BY SENATOR DUPLESSIS
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
18 subject to the limitations of relevance. In any case where the number of victim's
19 family members exceeds three, the court may limit the in-court statements it receives
20 from them to a fewer number of statements. The court may otherwise reasonably
21 restrict the oral statement in order to maintain courtroom decorum. The defendant
22 must be present for the victim impact statement and the court shall not prohibit the
ACT No. 344
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 402 ENROLLED
1 statement from being directed toward the defendant, unless the statement
2 disturbs the order and decorum of the courtroom. Upon motion of the state, the
3 court may hear any such statement in camera.
4 * * *
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.