Struck = removed from the bill ·
added = the amendment's new text.
ENROLLEDHFAHB251 4825 5579 FOR OFFICE USE ONLY HOUSE FLOOR AMENDMENTS Regular Session HOUSEAmendments BILLproposed NO.byRepresentativeMandieLandryto Engrossed 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;
to1 On page 1, at the beginning of line 4, insert "to provide for prospective application;application;" AMENDMENT NO.
and2 toOn providepage for1, relatedline matters.13, delete "contradictory" AMENDMENT NO.
Be3 itOn enactedpage by1, theline Legislature14, ofchange Louisiana:"trial" to "clerk of" AMENDMENT NO.
Section4 1.On page 1, line 15, after "victim" insert "pursuant to R.S.
R.S.46:1844(B)" AMENDMENT NO.
46:1844(K)(4)5 isOn herebypage enacted1, toline read21, change "family as follows:defined in R.S.
§1844.46:1842(18)." to "designated family member as defined in R.S.
Basic46:1842(5)." rightsAMENDMENT forNO. victim and witness * * * K.
*6 *On *page (4)2, Noafter trialline court3, shallinsert grantthe afollowing: motion that would effectuate vacating an otherwisefinalconvictionorresentencinganimprisonedpersonto alessersentence without ahearingwherethevictim shall havetheright to makeastatementpursuant to this Subsection.
The"Section clerk2. of court shall provide written notice of the pending motion and its impact to the victim pursuant to R.S.
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:
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