ENROLLEDHCAHB251 4825 4954 HOUSE COMMITTEE AMENDMENTS Regular Session HOUSEAmendments BILLproposed NO.by House Committee on Administration of Criminal Justice to Original House Bill No.

251 BYby REPRESENTATIVESRepresentative MANDIEMandie LANDRY,Landry AMEDEE,AMENDMENT BILLINGS,NO. BOUDREAUX, BOYD, CHASSION, FREEMAN, LAFLEUR, TERRY LANDRY, LYONS, MARTINEZ, AND TAYLOR AN ACT ToenactR.S.46:1844(K)(4),relativetovictimrights;toprovideforacontradictoryhearing pursuanttoamotiontovacateorresentence;toprovideforvictimimpactstatements;

1 On page 1, line 16, after "shall be" delete "null." and insert "voidable as a patent error pursuant to provideCode forof prospectiveCriminal application;Procedure Article 920(2)." AMENDMENT NO.

2 On page 1, line 17, after "review" and tobefore provide"remanded" fordelete related"may matters.be" and insert "may, sua sponte, be" AMENDMENT NO.

Be3 itOn enactedpage by1, at the Legislatureend of Louisiana:line 20, add "This Section does not create or permit individual standing to intervene at any time in a criminal proceeding." Page 1 of 1 CODING:

Section 1.

R.S.

46:1844(K)(4) is hereby enacted to read as follows:

§1844.

Basic rights for victim and witness * * * K.

* * * (4) No trial court shall grant a motion that would effectuate vacating an otherwisefinalconvictionorresentencinganimprisonedpersonto alessersentence without ahearingwherethevictim shall havetheright to makeastatementpursuant to this Subsection.

The clerk of court shall provide written notice of the pending motion and its impact to the victim pursuant to R.S.

46:1844(B).

Any motion granted without compliance with this Paragraph shall be voidable as a patent error pursuant to Code of Criminal Procedure Article 920(2).

Any motion granted that is subject to the provisions of this Paragraph and pending appellate review may, sua sponte, be remanded for consideration of the victim's statement.

When the victim is deceased or unable to appear due to disability, every reference in this Paragraph tothevictimshallinsteadapplytothevictim'sdesignatedfamilymemberasdefined Page 1 of 2 CODING:

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HB NO.

251 ENROLLED in R.S.

46:1842(5).

This Section does not create or permit individual standing to intervene in a criminal proceeding at any time.

* * * Section 2.

The provisions of this Act shall be given prospective application.

SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

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