Representative Mandie Landry

(Baton Rouge, Lousiana) In a pivotal move that could reshape how crime victims are treated in Louisiana’s criminal justice system, State Representative Mandie Landry has introduced House Bill 479, a sweeping piece of legislation that aims to establish a first-of-its-kind Crime Victims’ Bill of Rights and a comprehensive victim services system across the state.

If passed, the bill will mandate the Department of Public Safety and Corrections to create and oversee a coordinated, statewide system to ensure that victims of crime, along with witnesses and family members, receive consistent support, timely notifications, and clearly defined legal protections throughout the judicial process. The proposed legislation is being hailed by advocates as a potential game-changer for how Louisiana handles victim rights and services.

A New Chapter for Crime Victims in Louisiana

Historically, victims of crime in Louisiana, like in many other states, have often found themselves lost in the complexity of the legal system. While laws protecting victims exist, the current system is fragmented, inconsistent, and difficult for many to navigate. HB 479 seeks to correct that by consolidating and clarifying victims’ rights in a single, easily accessible document and framework.

Under the bill, the new victims’ services system would be fully operational by July 1, 2026, and would be designed with input from multiple stakeholders - law enforcement agencies, district attorneys, victim advocacy groups, and public health professionals. The system would offer everything from real-time notifications of offender status to emotional and legal support for those impacted by violent crime.

The Crime Victims’ Bill of Rights: What It Includes

At the heart of HB 479 is the Crime Victims’ Bill of Rights, a detailed declaration of protections and entitlements granted to victims, witnesses, and designated family members. These rights span the entire legal journey, from the moment a crime is reported through arrest, trial, sentencing, incarceration, and parole.

Here are some highlights of the rights specified in the bill:

1. Right to Emergency Support: Victims have the right to receive immediate medical, social, or emergency services and to be provided with a Victim Notice and Registration Form upon reporting a crime.
   
   
2. Right to Notification: Victims and witnesses must be promptly informed about key legal events including arrests, release on bond, escape from custody, or parole hearings. Death penalty cases come with additional specific notifications.
   
   
3. Right to Be Heard: Victims are entitled to speak at key stages such as bail hearings, sentencing, and parole hearings. They may also submit written or oral victim impact statements, with an option to request the statement be sealed for privacy.
   
   
4. Right to Be Present: The bill grants victims the right to attend all judicial proceedings related to their case unless explicitly excluded for legal reasons.
   
   
5. Right to Legal and Emotional Support: Victims may bring a legal representative, victim advocate, or mental health professional to interviews and court proceedings. They also have the right to refuse interviews with defense attorneys.
   
   
6. Right to Restitution: Victims can request compensation for losses without having to pay court filing fees
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7. Right to Protection and Privacy: The legislation includes provisions to shield victims, especially minors and survivors of sexual or human trafficking crimes—from public disclosure of their names, addresses, or identifying information.
   
   
8. Right to Be Informed About Sentencing: Courts must notify victims of the minimum and maximum penalties applicable to the offender and allow the victim to weigh in on sentencing.
   
   
9. Right to Secure Spaces: A secure waiting area separate from the accused or their family is guaranteed during court appearances.
   
   
10. Right to Property Return: Any property seized as part of the investigation must be returned promptly once it's no longer needed.

These rights are codified under R.S. 46:1847 and 1848, new sections proposed in Louisiana’s revised statutes.

Systemic Reform, Not Symbolism

Beyond the list of rights, what sets HB 479 apart is its emphasis on structural change. Instead of simply making promises on paper, the bill mandates that a fully integrated, technology-enabled victims’ services system be implemented statewide. This system would be administered by the Department of Public Safety and Corrections, which will be responsible for coordinating efforts with law enforcement agencies and prosecutors to ensure consistent delivery of services.

The department is also required to develop rules and standards to ensure the system’s effective functioning. These rules must be established in accordance with Louisiana’s Administrative Procedure Act, ensuring transparency and public participation.

Protecting Victims Without Undermining Due Process

One concern often raised in the realm of victims’ rights legislation is the potential for these rights to clash with the rights of the accused. HB 479 addresses this head-on: the bill explicitly states that no violation of the Crime Victims’ Bill of Rights can be used by a defendant to overturn a conviction or sentence.

This clause reassures legal experts and civil rights organizations that the bill does not disrupt constitutional protections for the accused. Rather, it focuses on ensuring that victims receive the respect, support, and information they are entitled to without tipping the scales of justice unfairly.

Empowering Employers and Communities

The legislation also touches on the often-overlooked burdens that victims and their families bear in participating in criminal cases. HB 479 includes a provision requiring assistance for victims and witnesses in notifying employers about their role in a case, acknowledging that pursuing justice often involves time away from work.

The bill also encourages the active participation of local communities and stakeholders in building the new system, signaling that this reform is meant to be collaborative and inclusive.

Printing and Public Awareness

To ensure the public is aware of these new protections, the bill mandates that the Governor’s Office prepare and publish a printable version of the Crime Victims’ Bill of Rights. This document will be designed for broad distribution, so crime victims across the state can understand and access their rights in clear, plain language.

What Comes Next

As the legislative session continues, HB 479 is expected to undergo hearings and reviews, but it already enjoys strong support among advocacy groups, legal professionals, and victims’ rights organizations.

If signed by the governor, or if allowed to pass into law by expiration of the veto period, the bill would go into immediate effect. Survivors of Childheed Sex Abuse (SCSA) prays that this legislation will serve not just as a model for Louisiana, but as a blueprint for national reform.

About

About the author: Dr. Windmann has been an activist and advocate for chilldhood sex abuse victims and survivors for over a decade. He is one of the co-founders of Survivors of Childhood Sex Abuse, and is currently the president of the organization. He is also a prolific speaker and writer on the subject of childhood sex abuse, and appeared in the Netflix documentary "Scouts Honor: The Secret Files Of The Boy Scouts Of America." You can contact him at [email protected].

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