§1844. Basic rights for victim and witness
A. Services and information concerning services available to victims and witnesses
of a crime.
(1) The appropriate law enforcement agency shall ensure that crime victims and
witnesses receive emergency, social, and medical services as soon as possible. The
appropriate law enforcement agency shall also distribute to the victim or to the family of a
homicide victim a victim notice and registration form promulgated by the Louisiana
Commission on Law Enforcement and Administration of Criminal Justice in conformity
with Subsection R of this Section.
(2) The Department of Public Safety and Corrections shall maintain the Louisiana
Victim Outreach presently in operation. The bureau shall publicize and provide a way for
crime victims and their family members to be kept informed about the following:
(a) Successful court appeals.
(b) Committee on parole or pardon board hearings or other release hearings.
(c) Information regarding dates of possible release from physical custody, escape,
apprehension, or otherwise.
(d) Beginning August 1, 2018, information regarding the process by which a
victim may provide a reentry statement to request that the inmate be subject to certain
proximity or contact restrictions as part of the inmate's parole conditions, if the inmate
appeared before the committee on parole and was granted parole by the committee, and
information on the availability of assistance to the victim in completing the reentry
statement.
(e) Inquiries concerning the department's policies and programs for inmates.
(3) All law enforcement agencies having custody of those accused or convicted of
the offenses enumerated in R.S. 46:1842(9) shall, pursuant to Article I, Section 25 of the
Constitution of Louisiana, notify crime victims or designated family members who have
properly registered concerning an accused's or a defendant's arrest, release on
recognizance, posting of bond, release pending charges being filed, release due to
rejection of charges by the district attorney, escape, or re-apprehension.
B. Advance notification to victim, or designated family member concerning
judicial proceedings or probation hearing; right to be present. If requested by registering
with the appropriate law enforcement or judicial agency as outlined in Subsection T of
this Section the clerk of court shall provide reasonable notice to a victim, or a designated
family member of judicial proceedings or a probation hearing relating to their case. The
notice required pursuant to this Subsection may be made by any method reasonably
calculated to notify the victim or designated family member of the judicial proceeding in
a timely manner.
C. Interviewing the victim and witness of a crime.
(1) The district attorney, prior to trial, shall make reasonable efforts to interview
the victim or designated family member to determine the facts of the case and whether the
victim or the family is requesting restitution.
(2) All law enforcement or judicial agencies shall provide a private setting for all
interviewing of victims of crime. "Private setting" shall mean an enclosed room from
which the occupants are not visible or otherwise identifiable and whose conversations
cannot be heard from outside such room. Only those persons directly and immediately
related to the interviewing of the victim, specifically the victim, a social worker,
psychologist, or other professional, the victim advocate designated by the sheriff's office,
or a representative from a not-for-profit victim service organization, including but not
limited to rape crisis centers, domestic violence advocacy groups, and alcohol abuse or
substance abuse groups providing emotional support to the victim, shall be present, unless
the victim requests the exclusion of such person from the interview, and, when
appropriate, the parent or parents of the victim.
(3) The victim and the victim's family may refuse any requests for interviews with
the attorney for the defendant or any employee or agent working for the attorney for the
defendant. If the victim is a minor, the parent or guardian of the victim may refuse to
permit the minor to be interviewed by the attorney for the defendant or any employee or
agent working for the attorney for the defendant. Before any victim may be subpoenaed to
testify on behalf of a defendant at any pretrial hearing, the defendant shall show good
cause at a contradictory hearing with the district attorney why the subpoena should be
issued. Willful disregard of the rights of victims and witnesses as enumerated in this
Paragraph may be punishable as contempt of court.
D. Consultation with the victim or the designated family member.
(1) The victim or the designated family member shall have the right to retain
counsel to confer with law enforcement and judicial agencies regarding the disposition of
the victim's case. The prosecutor may confer with the counsel retained by the victim or
designated family member in the prosecution of the case. "Case" herein shall mean a
criminal matter in which formal charges have been filed by the district attorney's office.
(2) Upon written notification to the district attorney's office received from the
victim, or the designated family member, the district attorney's office shall, within a
reasonable period of time following such notification, contact the victim and schedule a
conference with the victim or a designated family member in order to obtain their view,
either orally or in writing, regarding:
(a) The disposition of the criminal case by dismissal, plea, or trial.
(b) The use of available sentencing alternatives such as incarceration, probation,
community service, and the payment of restitution to the victim.
E. Notification to employers. The victim or witness who so requests shall be
assisted by judicial and law enforcement agencies in informing employers that the need
for victim and witness cooperation in the prosecution of the case may necessitate absence
of the victim or witness from work.
F. Notification of scheduling changes. Each victim or witness who has been
scheduled to attend a criminal justice proceeding shall be notified as soon as possible by
the agency scheduling his or her appearance of any change in scheduling which shall
affect his or her appearance.
G. The victim and witness in the court setting. The court shall provide, whenever
possible, a secure waiting area during court proceedings which does not require victims,
witnesses, or victims' families to be in close proximity to the defendants, or their families
or friends, and shall provide a secure waiting area in cases involving violent crimes. Upon
request of a victim, victim's family, or witness, the court shall also provide, whenever
possible, designated seating in a courtroom for victims, victims' families, and witnesses
separate from defendants, defendants' families, or witnesses for defendants. The
designated seating area should be positioned, whenever possible, in the courtroom in a
way that does not require victims, victims' families, and witnesses to be in close proximity
to defendants, defendants' families, or witnesses for defendants.
H. Presentence or postsentence reports. The victim or designated family member
shall have the right to review and comment on the presentence or postsentence reports
relating to the crime against the victim. The trial court shall regulate when and how the
presentence report is provided to the victim or designated family member. The
Department of Public Safety and Corrections shall regulate how the postsentence report is
provided to the victim or designated family member.
I. Rules governing evidence and criminal procedure. The victim shall be protected
at all times by all rules and laws governing the criminal procedure and the admissibility of
evidence applicable to criminal proceedings.
J. Speedy disposition. The victim shall have the right to a speedy disposition and
prompt and final conclusion of the case after conviction and sentencing. When ruling on a
defense motion for continuance, the court shall consider the impact on the victim.
K. Right of victim or designated family member to be present and heard at all
critical stages of the proceedings.
(1)(a) At all critical stages of the prosecution, if the victim or designated family
member is present, the court shall determine if the victim or designated family member
wishes to make a victim impact statement. If the victim is not present, the court shall
ascertain whether the victim or designated family member has requested notification and,
if so, whether proper notice has been issued to the victim or designated family member, in
accordance with Subsection B of this Section, by the clerk of court or by the district
attorney's office. If notice has been requested and proper notice has not been issued, the
court shall continue the proceedings until proper notice is issued.
(b) The victim and victim's family members shall have the right to make a written
and oral victim impact statement as follows:
(i) Any written statement shall be made available to the state and the defendant and
shall be made part of the record. The statement may be submitted by the district attorney
upon request of the victim or designated family member. Upon request of the victim or
designated family member, any such written statement may be sealed by the court after
review by the parties.
(ii) The hearing at which an oral statement is provided to the court shall be subject
to the limitations of relevance. In any case where the number of victim's family members
exceeds three, the court may limit the in-court statements that it receives from them to a
fewer number of statements. The court may otherwise reasonably restrict the oral
statement in order to maintain courtroom decorum. The defendant must be present for the
victim impact statement, and the court shall not prohibit the statement from being directed
toward the defendant, unless the statement disturbs the order and decorum of the
courtroom. Upon motion of the state, the court may hear any such statement in camera.
(2) The statement of the victim or the victim's family may:
(a) Identify the victim of the offense.
(b) Itemize any economic loss that has been or may be reasonably suffered by the
victim as a result of the offense.
(c) Identify any physical injury suffered by the victim as a result of the offense,
along with its seriousness and permanence.
(d) Describe any change in the victim's personal welfare or familial relationships
as a result of the offense.
(e) Identify any request for medical or counseling services needed by the victim or
the victim's family as a result of the offense.
(f) Contain any other information related to the impact of the offense upon the
victim or the victim's family that the trial court requires.
(g) Contain any other information that the victim or victim’s family wishes to
share with the court regarding the overall effect of the crime upon the victim and the
victim’s family.
(3)(a) Prior to the sentencing hearing, the court shall provide the counsel for the
defendant, the victim, and the attorney for the state with notice of the maximum and
minimum sentence allowed by law. The court shall allow the victim, or designated family
member, and the prosecutor the opportunity to review any presentence investigation
reports that have been prepared relating to the victim's case. The review of the
presentence report shall be conducted under the supervision of the court.
(b) At the sentencing hearing, the court shall afford the counsel for the defendant,
the attorney for the state, and the victim or designated family member an opportunity to
comment upon matters relating to the appropriate sentence. Before imposing sentence, the
court shall verify that the victim or designated family member was notified of the
sentencing hearing and address the victim or designated family member personally, if the
victim or designated family member is present at the sentencing hearing, to determine if
the victim or designated family member wishes to present a written and oral impact
statement pursuant to this Chapter.
L. Return of property to victim or family of victim. All judicial and law
enforcement agencies shall expeditiously return any stolen or other personal property to
victims or victims' families when no longer needed as evidence, at no cost to victims or
their families.
M. Victims' right to seek restitution.
(1) If the defendant is found guilty, the court or the committee on parole shall
require the defendant to pay restitution to the appropriate party in an amount and manner
determined by the court. In addition, the court or the committee on parole may require the
defendant to perform community service work in an amount and according to a schedule
determined by the court.
(2) One of the conditions of work release shall be a requirement that an inmate pay
from his earnings all restitution ordered by the court or the committee on parole. Even if
no restitution has been ordered, the sheriff or director of the program shall have the right
to require payment of restitution as a condition of work release.
(3) A victim shall not be required to pay recording fees for the filing of a
restitution order with the clerk of court. The defendant shall be responsible for all costs
associated with this action.
N. Duties of the Department of Public Safety and Corrections.
(1) In cases where the sentence is the death penalty, the victim's family shall have
the right to be notified by the Department of Public Safety and Corrections of the time,
date, and place of the execution, and a minimum of two representatives of the victim's
family shall have the right to be present.
(2)(a) Upon filing of a victim notice and registration form by a victim or a family
member, or a witness, it shall be the duty of the Department of Public Safety and
Corrections, corrections services, at the time of the appeal, discharge, or parole of an
inmate including a juvenile inmate, to notify all registered persons by mail or electronic
communications of such appeal or release. Such form shall be included in the prisoner's
commitment documents to be delivered to the warden of any state correctional facility
where such prisoner has been committed or transferred.
(b) When an inmate who has been convicted of a crime of violence as defined in
R.S. 14:2(B) or a sex offense as defined in R.S. 15:541 is eligible for release pursuant to
R.S. 15:571.3, the Department of Public Safety and Corrections shall, if known by the
department, notify the victim or the victim's family, all persons who have filed a victim
registration and notification form, the appropriate law enforcement agency, and the
appropriate district attorney no later than sixty days prior to the inmate's release.
(c) Notice by electronic communications shall be allowed only in instances where
the registered person has opted in to such form of notification during the registration
process and is complete upon transmission.
(3)(a) In the event of an escape or absconding by an inmate including a juvenile
inmate, from any facility under the jurisdiction of the Department of Public Safety and
Corrections, corrections services, it shall be the duty of the department to immediately
notify the victim, family member of the victim, or witness, at the most current address or
phone number on file with the department and via electronic mail or communication, of
the escape by the most reasonable and expedient means possible. If the inmate is
recaptured, the department shall send notice within forty-eight hours of regaining custody
of the inmate. In no case shall the state be held liable for damages for any failure to
provide notice pursuant to this Section.
(b) Notice by electronic mail communications is complete upon transmission.
(4) When an inmate in physical custody is within three months of his earliest
projected release date, a registered victim may contact the Louisiana Victim Outreach of
the Department of Public Safety and Corrections, corrections services, to request a current
photograph of the inmate. The department shall take all reasonable steps to provide a
photograph to the registered victim at least ten days prior to the inmate's actual release.
O. Notification of pardon or parole. (1) The Board of Pardons or the committee on
parole, respectively, shall notify the victim or the victim's family and all persons who file
a victim registration and notification form and the appropriate district attorney that a
hearing has been set for the person convicted of the crime. The victim or victim's family
shall have the right to make written and oral statements as to the impact of the crime at
any hearing before the board or committee and to rebut any statements or evidence
introduced by the inmate or defendant. The victim or the victim's family, a victim
advocacy group, and the district attorney or his representative may also appear before the
board or committee in person or by means of teleconference or telephone communication.
(2) Beginning August 1, 2018, when an inmate in physical custody is within three
months of his earliest projected release date, a registered victim may contact the
Louisiana Victim Outreach to submit a reentry statement to the committee on parole
requesting that the inmate be subject to certain proximity or contact restrictions, as part of
the inmate's parole conditions, that the victim believes are necessary for the victim's
protection. The committee on parole may consider the victim's reentry statement only for
the purpose of determining the inmate's parole conditions and not for the purpose of
determining whether to order the release of the inmate on parole. A victim's reentry
statement is not binding on the committee on parole but shall be considered in concert
with other relevant information when setting parole conditions. The provisions of this
Paragraph apply only to those persons who are to appear at a hearing before the
committee on parole to determine whether the person should be granted parole.
P. Notification concerning missing children. All law enforcement agencies shall
expeditiously investigate all reports of missing children and shall inform the family
members of such children of the status of the investigation.
Q. Victim assistance education and training. Victim assistance education and
training shall be offered to persons taking courses at law enforcement training facilities.
R. Preparation of victim notice and registration forms.
(1) The Louisiana Commission on Law Enforcement and Administration of
Criminal Justice shall cause to be promulgated uniform victim notice and registration
forms which outline and explain the rights and services established by this Chapter. This
information shall be updated as necessary. The costs of developing the victim notice and
registration form shall be funded by the Louisiana Commission on Law Enforcement and
Administration of Criminal Justice.
(2) To the extent that funding is available for such purposes, the Louisiana
Commission on Law Enforcement and Administration of Criminal Justice shall develop
and provide, by August 1, 2018, a system by which an agency may choose to complete
and submit the uniform victim notice and registration form electronically and by which a
victim may choose to receive all notices electronically.
S. Failure to comply. No sentence, plea, conviction, or other final disposition shall
be invalidated because of failure to comply with the provisions of this Section.
T. Registration with the appropriate law enforcement or judicial agency.
(1) In order for a victim or designated family member to be eligible to receive
notices hereunder, the victim or designated family member may complete a form
promulgated by the Louisiana Commission on Law Enforcement and Administration of
Criminal Justice. The form shall be completed by the victim or designated family member
and shall be filed with the law enforcement agency investigating the offense of which the
person is a victim, as defined in this Chapter. The completed victim notice and
registration form shall be included in the documents sent by the law enforcement agency
to the district attorney for prosecution. The district attorney shall include the completed
victim notice and registration form with any subsequent bill of information or indictment
that is filed with the clerk of court. Upon conviction, the victim notice and registration
form shall be included in the documents sent by the clerk of court to the Department of
Public Safety and Corrections, the law enforcement agency having custody of the
defendant, or the division of probation and parole.
(2) All victim notice and registration forms, and the information contained therein,
shall be kept confidential by all law enforcement and judicial agencies having possession.
The information shall be used only for the purposes required by this Chapter and shall be
released only upon court order after contradictory hearing.
(3) The victim and designated family member shall have the right to register with
the appropriate agency at any time and exercise prospectively the rights guaranteed by
this Chapter. However, a victim or designated family member who does not register with
the appropriate agency shall nevertheless be permitted to exercise the rights guaranteed by
this Chapter insofar as possible.
U. No cause of action. Nothing in this Section shall be construed as creating a
cause of action by or on behalf of any person for an award of costs or attorney fees, for
the appointment of counsel for a victim, or for any cause of action for compensation or
damages against the state of Louisiana, a political subdivision, a public agency, or a court,
or any officer, employee, or agent thereof. Nothing in this Chapter precludes filing for a
writ of mandamus as provided in the Code of Civil Procedure to compel the performance
of a ministerial duty required by law.
V. Crime victim's assistance hotline. In furtherance of the purposes of this Section,
a statewide crime victim's assistance hotline may be established. The Crime Victims
Reparations Board along with the Louisiana Commission on Law Enforcement and
Administration of Criminal Justice shall jointly operate the hotline and periodically
review the criteria and implementation procedures of said hotline.
W. Confidentiality of crime victims who are minors, victims of sex offenses, and
victims of human trafficking-related offenses.
(1)(a) In order to protect the identity and provide for the safety and welfare of
crime victims who are minors under the age of eighteen years and of victims of sex
offenses or human trafficking-related offenses, notwithstanding any provision of law to
the contrary, all public officials and officers and public agencies, including but not
limited to all law enforcement agencies, sheriffs, district attorneys, judicial officers,
clerks of court, the Crime Victims Reparations Board, and the Department of Children
and Family Services or any division thereof, shall not publicly disclose the name, address,
contact information, or identity of crime victims who at the time of the commission of the
offense are minors under eighteen years of age or of victims of sex offenses or human
trafficking-related offenses, regardless of the date of commission of the offense. The
confidentiality of the identity of the victim who at the time of the commission of the
offense is a minor under eighteen years of age or the victim of a sex offense or human
trafficking-related offense may be waived by the victim. The public disclosure of the
name of the juvenile crime victim by any public official or officer or public agency is not
prohibited by this Subsection when the crime resulted in the death of the victim. Nothing
in this Subsection shall be construed to require the redaction of a victim's name when the
named victim is the one requesting such documents, reports, or any other records.
(b) In order to protect the identity and provide for the safety and welfare of crime
victims who are minors under the age of eighteen years and of victims of sex offenses or
human trafficking-related offenses, notwithstanding any provision of law to the contrary,
an attorney for any party shall be prohibited from publicly disclosing, except during trial,
the name, address, contact information, or identity of crime victims who at the time of the
commission of the offense are under eighteen years of age or are victims of sex offenses
or human trafficking-related offenses, regardless of the date of commission of the
offense. An attorney may lawfully utilize initials, abbreviations, or other forms of
indefinite descriptions on documents used in the performance of their duties to prevent
the public disclosure of the name, address, contact information, or identity of such crime
victims. If the name, address, contact information, or identity of such a crime victim must
be disclosed in a motion or pleading, that motion or pleading shall be filed with the court
requesting that it be kept under seal. Failure to comply with the provisions of this
Subparagraph shall be punishable as contempt of court.
(c) Notwithstanding the provisions of Subparagraphs (a) and (b) of this Paragraph,
all information regarding juvenile crime victims that is required by a child abduction alert
system which assists law enforcement in the successful resolution of child abduction
cases, such as the AMBER Alert network, shall be made available to such alert system as
quickly as possible.
(2) For purposes of this Section:
(a) "Human trafficking-related offense" shall include the perpetration or attempted
perpetration of R.S. 14:46.2, R.S. 14:46.3, or any other crime involving commercial
sexual exploitation including R.S. 14:81.1, 81.3, 82, 82.1, 82.2, 83, 83.1, 83.2, 83.3, 83.4,
84, 85, 86, 89.2, 104, 105, or 282.
(b) "Sex offense" shall include the perpetration or attempted perpetration of
stalking (R.S. 14:40.2), misdemeanor carnal knowledge of a juvenile (R.S. 14:80.1),
obscenity (R.S. 14:106), or any offense listed in R.S. 15:541(24).
(3) Notwithstanding any other provision of law to the contrary, all public officials,
officers, and public agencies, including but not limited to all law enforcement agencies,
sheriffs, district attorneys, judicial officers, clerks of court, the Crime Victims
Reparations Board, and the Department of Children and Family Services or any division
thereof, charged with the responsibility of knowing the name, address, contact
information, and identity of crime victims who are minors or of crime victims of a sex
offense or a human trafficking-related offense as a necessary part of their duties shall
have full and complete access to this information regarding a crime victim who is a minor
or a victim of a sex offense or a human trafficking-related offense. Either prior to or at the
time of a request for information, the public official or officer or public agency shall take
measures to prevent the public disclosure of the name, address, contact information, or
identity of such a crime victim who is a minor or a victim of a sex offense or human
trafficking-related offense, which may include the use of initials, abbreviations, or any
other form of concealing the identity of the victim on all public documents.
(4) The provisions of this Subsection shall not apply to the requirement of
promptly informing a defendant or his attorney of the name of the victim of a sexual
crime during pretrial discovery.
(5)(a) In order to provide for the safety and welfare of victims of crimes against
family members, household members, or dating partners, notwithstanding any provision
of law to the contrary, all public officials and officers and public agencies, including but
not limited to all law enforcement agencies, sheriffs, district attorneys, judicial officers,
clerks of court, the Crime Victims Reparations Board, and the Department of Children
and Family Services or any division thereof, shall not publicly disclose the address or
contact information of victims of crimes against family members, household members, or
dating partners. The confidentiality of the address and contact information of the victim
of a crime against a family member, household member, or dating partner may be waived
by the victim.
(b) In order to provide for the safety and welfare of victims of crimes against
family members, household members, or dating partners, notwithstanding any provision
of law to the contrary, an attorney for any party shall be prohibited from publicly
disclosing, except during trial, the address and contact information of victims of crimes
against family members, household members, or dating partners. If the address and
contact information of such a crime victim must be disclosed in a motion or pleading, that
motion or pleading shall be filed with the court requesting that it be kept under seal.
Failure to comply with the provisions of this Subparagraph shall be punishable as
contempt of court.
(c) Notwithstanding any other provision of law to the contrary, all public officials,
officers, and public agencies, including but not limited to all law enforcement agencies,
sheriffs, district attorneys, judicial officers, clerks of court, the Crime Victims
Reparations Board, and the Department of Children and Family Services or any division
thereof, charged with the responsibility of knowing the address and contact information
of victims of crimes against family members, household members, or dating partners as a
necessary part of their duties shall have full and complete access to this information
regarding a victim of a crime against a family member, household member, or dating
partner. Either prior to or at the time of a request for information, the public official or
officer or public agency shall take measures to prevent the public disclosure of the
address and contact information of a victim of a crime against a family member,
household member, or dating partner.
(d) For the purposes of this Section, "family member" and "household member"
shall have the same definitions as in R.S. 46:2132 and "dating partner" shall have the
same definition as in R.S. 46:2151.
X. All victims of violent crime shall have the right to access and obtain a copy of
their initial police report at no cost to them.
Y. Capital cases.
(1) In cases where the sentence is the death penalty and the clemency process has
commenced, the victim's family shall have the right to not be contacted by any of the
following unless an appointment with the family has been requested, approved, and
arranged through a victim service coordinator appointed by either the prosecuting agency
or the Department of Public Safety and Corrections through its Louisiana Victim
Outreach Program:
(a) The offender.
(b) Any family member or friend of the offender.
(c) Any legal representative of the offender.
(d) Any person or group who actually or purports to represent the offender or the
interests of the offender.
(2) Upon conviction in cases where the sentence is the death penalty, the victim's
family shall be notified by the victim service coordinator of their right to not be contacted
by any person, group, or entity who actually or purports to represent the offender or the
interests of the offender in subsequent clemency procedures, unless an appointment has
been requested, approved, and arranged through the victim service coordinator. The
victim service coordinator shall provide a form to the victim's family to request that the
victim's family not be contacted in any manner by any person, group, or entity who
actually or purports to represent the offender or the interests of the offender related to
clemency procedures. The victim service coordinator shall provide notice of this
document by United States mail to each party in the case.
(3) Whoever violates the provisions of this Subsection shall be punished in
accordance with R.S. 14:130.1(B)(5).
Z. Notification when the defendant is found not competent to stand trial or not
guilty by reason of insanity.
(1) When the defendant has been adjudicated as not competent to stand trial or has
been found not guilty by reason of insanity and has been committed to the custody of the
Louisiana Department of Health pursuant to Title XXI of the Code of Criminal
Procedure, the Louisiana Department of Health shall notify the appropriate court of
criminal jurisdiction and the district attorney if any of the following occur:
(a) The defendant is transferred to another facility.
(b) The defendant is placed on conditional release, including any material changes
that are made to the conditions of his release.
(c) The defendant is released from custody.
(2)(a) Upon filing of a victim notice and registration form by a victim, a family
member of a victim, or a witness, the district attorney's office shall notify by mail or
electronic communications the victim or the victim's family and all persons who have
filed a victim registration and notification form within thirty days of the receipt of
notification.
(b) Notice by electronic communication shall be allowed only in instances where
the registered person has opted in to such form of notification during the registration
process and is complete upon transmission.
(3)(a) In the event of an escape or absconding of a defendant, including a juvenile
defendant, from any facility under the jurisdiction of the Louisiana Department of Health
or from a private mental institution where the defendant has been committed, the
Louisiana Department of Health or the private mental institution shall immediately notify
all of the following of the escape by the most reasonable and expedient means possible:
(i) The appropriate court of criminal jurisdiction.
(ii) The district attorney.
(iii) The victim, family member of the victim, or witness, if known to the
department, at the most current address or phone number on file with the department.
(b) If the defendant is recaptured, the Louisiana Department of Health or the
private mental institution shall send notice within forty-eight hours of regaining custody
of the defendant.
(4) In no case shall the state be held liable for damages for any failure to provide
notice pursuant to this Section.
Acts 1985, No. 794, §1. Acts 1986, No. 160, §2; Acts 1992, No. 383, §1; Acts
1994, 3rd Ex. Sess., No. 75, §1; Acts 1994, 3rd Ex. Sess., No. 139, §1; Acts 1995, No.
532, §1; Acts 1995, No. 541, §1; Acts 1995, No. 926, §1; Acts 1995, No. 1224, §1; Acts
1997, No. 732, §1; Acts 1997, No. 870, §2; Acts 1997, No. 1448, §1; Acts 1999, No. 783,
§1, eff. Jan. 1, 2000; Acts 2000, 1st Ex. Sess., No. 3, §1; Acts 2003, No. 5, §1; Acts 2003,
No. 641, §1; Acts 2004, No. 771, §1; Acts 2004, No. 676, §1; Acts 2005, No. 74, §2; Acts
2008, No. 70, §1, eff. August 15, 2008; Acts 2009, No. 364, §1, eff. August 15, 2009;
Acts 2010, No. 176, §1, eff. August 15, 2010; Acts 2010, No. 177, §1, eff. August 15,
2010; Acts 2010, No. 835, §1, eff. August 15, 2010; Acts 2012, No. 840, §1, eff. June 14,
2012; Acts 2014, No. 564, §4, eff. August 1, 2014; Acts 2016, No. 387, §1, eff. August 1,
2016; Acts 2017, No. 258, §1, eff. August 1, 2017; Acts 337, §1, eff. August 1, 2017;
Acts 2018, No. 309, §2, eff. August 1, 2018; Acts 2022, No. 140, §2, eff. August 1, 2022;
Acts 2022, No. 207, §1, eff. August 1, 2022; Acts 2022, No. 411, §1, eff. August 1, 2022;
Acts 2022, No. 568, §1, eff. August 1, 2022; Acts 2024, No. 44, §1, eff. August 1, 2024;
Acts 2024, No. 157, §2, eff. August 1, 2024; Acts 2024, No. 344, §1, eff. August 1, 2024;
Acts 2024, No. 576, §2, eff. August 1, 2024; Acts 2025, No. 230, §1, eff. August 1, 2025.