RS 46:1848

§1848. Crime Victims' Bill of Rights A.(1) The legislature hereby finds and declares the urgent need to establish a comprehensive Crime Victims' Bill of Rights. A bill of rights, written in plain language and collected in one place, is vital for crime victims, witnesses, and designated family members to be able to know and understand the rights and duties to which the state of Louisiana affords to them and to ensure that they receive the support, protection, and justice that they deserve. (2) Subsection C of this Section shall be known and may be cited as the "Crime Victims' Bill of Rights". B.(1) Notwithstanding any other provision of law to the contrary, nothing in this Section shall be construed to negate, impair, diminish, or limit any other rights or duties afforded to crime victims, witnesses, and designated family members in any other provision of law. (2) Notwithstanding any other provision of law to the contrary, a defendant or person accused or convicted of a crime for which a crime victim, witness, or designated family member is afforded any rights or duties within this Section does not have standing to seek to have their conviction or sentence set aside for any violation of the Crime Victims' Bill of Rights. C. A crime victim or designated family member, as defined in this Chapter, shall have the following rights: (1) The right to receive emergency, social, or medical services as soon as possible and to receive a Victim Notice and Registration Form from law enforcement as provided in R.S. 46:1844(A)(1). (2) The right to be notified of the following: the defendant's arrest, release on recognizance, posting of bond, release pending charges being filed or due to rejection of charges by the prosecutor, escape, or re-apprehension as provided in R.S. 46:1844(A)(3) and (Z). (3) The right to receive advance notification of, and to be present for, judicial proceedings or probation hearings as provided in R.S. 46:1844(B). (4) The right, subject to reasonable efforts by the prosecutor prior to trial, to be interviewed by the prosecutor regarding the facts of the case and requests for restitution as provided in R.S. 46:1844(C). (5) The right for such interviews to be conducted in a private setting, with access if requested to a victim advocate, social worker, or psychologist for support as provided in R.S. 46:1844(C). (6) The right to refuse requests for interviews with the defense attorney as provided in R.S. 46:1844(C)(3). (7) The right to retain the victim's or designated family member's own legal counsel for discussions with the district attorney and judicial agencies as provided in R.S. 46:1844(D)(1). (8) The right to request, orally or in writing, a conference with the prosecutor's office to discuss the disposition of the case by dismissal, plea, or trial, the use of sentencing alternatives, and requests for payment of restitution to the victim as provided in R.S. 46:1844(D)(2). (9) The right to assistance in informing employers that the participation of the victim and designated family member in the prosecution of the case may necessitate absence from work as provided in R.S. 46:1844(E). (10) The right to be notified of scheduling changes as provided in R.S. 46:1844(F). (11) The right to a secure waiting area during court proceedings away from the defendant or the family of the defendant as provided in R.S. 46:1844(G). (12) The right to review and comment on pre-sentence or post-sentence reports as provided in R.S. 46:1844(H). (13) The right to protection by all rules and laws governing criminal procedure and the admissibility of evidence applicable to criminal proceedings as provided in R.S. 46:1844(I). (14) The right to a speedy disposition and prompt and final conclusion of the case after conviction and sentencing as provided in R.S. 46:1844(J). (15) The right to be present and heard at all critical stages of the proceedings, including the right to make a written or oral victim impact statement as provided in R.S. 46:1844(K)(1). (16) The right to request that the victim impact statement be sealed for privacy concerns as provided in R.S. 46:1844(K)(2). (17) The right to be provided with notice from the court of the minimum and maximum sentence allowed by law and the opportunity to comment on the proposed sentence as provided in R.S. 46:1844(K)(3). (18) The right to have property of the victim returned as provided in R.S. 46:1844(L). (19) The right to seek restitution or payment from the defendant to the victim or the family of the victim, with no court filing fees as provided in R.S. 46:1844(M). (20) For death penalty cases, the right to notification of execution details and the right to be present as provided in R.S. 46:1844(N). (21) For death penalty cases, the right to not be contacted by the offender or supporters or representatives of the offender as provided in R.S. 46:1844(Y). (22) The right to be notified of a parole hearing and to make written or oral victim impact statements, including proposed contact and proximity restrictions that may be included as parole conditions, for the protection of the victim as provided in R.S. 46:1844(O). (23) The right to confidentiality, and to prevent the release of the name, address, contact information or identity of the victim, if the victim is a minor, victim of a sex offense, or victim of a human trafficking offense as provided in R.S. 46:1844(W). (24) For all victims of violent crime, the right to request and obtain a copy of their initial police report at no cost to them as provided in R.S. 46:1844(X). D. A witness or a designated family member, as defined in this Chapter, shall have the following rights: (1) The right to receive emergency, social, or medical services as soon as possible and to receive a Victim Notice and Registration Form from law enforcement as provided in R.S. 46:1844(A)(1). (2) The right to be notified of the following: release, discharge of sentence, escape, or reapprehension as provided in R.S. 46:1844(N)(2) and (3). (3) The right to assistance in informing employers that the participation of the witness or designated family member in the prosecution of the case may necessitate absence from work as provided in R.S. 46:1844(E). (4) The right to be notified of scheduling changes as provided in R.S. 46:1844(F). (5) The right to a secure waiting area during court proceedings away from the defendant or the family of the defendant as provided in R.S. 46:1844(G). Acts 2025, No. 370, §2, eff. June 20, 2025.