Amendment vs bill House Floor Amendment, #5579, Landry, Mandie, Adopted vs Enrolled

Struck = removed from the bill · added = the amendment's new text.

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ENROLLED Regular Session HOUSE BILL NO.
HFAHB251 4825 5579 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS Regular Session Amendments proposed byRepresentativeMandieLandryto Engrossed House Bill No.
251 BY REPRESENTATIVES MANDIE LANDRY, AMEDEE, BILLINGS, BOUDREAUX, BOYD, CHASSION, FREEMAN, LAFLEUR, TERRY LANDRY, LYONS, MARTINEZ, AND TAYLOR AN ACT ToenactR.S.46:1844(K)(4),relativetovictimrights;toprovideforacontradictoryhearing pursuanttoamotiontovacateorresentence;toprovideforvictimimpactstatements;
251 by Representative Mandie Landry AMENDMENT NO.
to provide for prospective application;
1 On page 1, at the beginning of line 4, insert "to provide for prospective application;" AMENDMENT NO.
and to provide for related matters.
2 On page 1, line 13, delete "contradictory" AMENDMENT NO.
Be it enacted by the Legislature of Louisiana:
3 On page 1, line 14, change "trial" to "clerk of" AMENDMENT NO.
Section 1.
4 On page 1, line 15, after "victim" insert "pursuant to R.S.
R.S.
46:1844(B)" AMENDMENT NO.
46:1844(K)(4) is hereby enacted to read as follows:
5 On page 1, line 21, change "family as defined in R.S.
§1844.
46:1842(18)." to "designated family member as defined in R.S.
Basic rights for victim and witness * * * K.
46:1842(5)." AMENDMENT NO.
* * * (4) No trial court shall grant a motion that would effectuate vacating an otherwisefinalconvictionorresentencinganimprisonedpersonto alessersentence without ahearingwherethevictim shall havetheright to makeastatementpursuant to this Subsection.
6 On page 2, after line 3, insert the following:
The clerk of court shall provide written notice of the pending motion and its impact to the victim pursuant to R.S.
"Section 2.
46:1844(B).
The provisions of this Act shall be given prospective application." Page 1 of 1 CODING:
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:
Page 2 of 2 CODING: