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HB 251 Original 2026 Regular Session Mandie Landry
Abstract: Requires a trial court to hold a contradictory hearing where the victim of a crime has a right to testify prior to the court vacating or reducing the offender's sentence.
Present law (R.S. 46:1844) provides for the basic rights for victims and witnesses.
Present law provides the right of the victim to be present and heard at all critical stages of trial.
Proposed law retains present law.
Proposed law prohibits a court from reducing or vacating a sentence without first holding a contradictory hearing where the victim has a right to be heard.
Proposed law requires the trial court to provide written notice to the victim of the pending motion to vacate or resentence.
Proposed law allows the victim's family to testify if the victim is deceased or unable to appear due to disability.
(Adds R.S. 46:1844(K)(4))