BATON ROUGE (LA)
Survivors of Childhood Sex Abuse [Middletown, DE]
April 14, 2025
By Richard Windmann, Ph.D.
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:
- 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.
- 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.
- 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.
- 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.
- 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.
- Right to Restitution: Victims can request compensation for losses without having to pay court filing fees
. - 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.
- 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.
- Right to Secure Spaces: A secure waiting area separate from the accused or their family is guaranteed during court appearances.
- 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 richard.windmann@scsaorg.org.
The free reprint, distribution, dissemination, promulgation and/or sharing of this article, in its whole, by anyone, is not only allowed, but is encouraged.
HLS 25RS-557 ORIGINAL
2025 Regular Session
HOUSE BILL NO. 479
BY REPRESENTATIVE MANDIE LANDRY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL/VICTIMS: Provides relative to witness or victim notification
1 AN ACT
2 To enact R.S. 46:1847 and 1848, relative to the creation of a comprehensive victim’s
3 services system; to provide for a Crime Victim’s Bill of Rights; to provide for
4 legislative findings; to provide certain rights to crime victims, witnesses, and family
5 members; to provide for an effective date; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 46:1847 and 1848 are hereby enacted to read as follows:
8 §1847. Comprehensive victims’servicessystem; legislative findings; intent; purpose
9 A. The legislature hereby recognizes that the State of Louisiana has created
10 numerous rights and duties to be afforded to crime victims, witnesses, and designated
11 familymembers. The legislature further recognizes the challenges of fulfilling those
12 rights and duties through numerous law enforcement and other state and local
13 entities.
14 B. Accordingly, the legislature hereby finds and declares that, in order to
15 ensure to the greatest extent possible that the rights and duties afforded to crime
16 victims and witnesses are upheld, the state of Louisiana is committed to the creation,
17 consolidation, and coordination of a comprehensive victims’ services system. This
18 system shall provide the information and services described in the Crime Victims’
19 Bill of Rights and R.S. 46:1844 to crime victims and witnesses at all relevant points
20 throughout the life cycle of a case moving through the criminal justice system in a
Page 1 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 25RS-557 ORIGINAL
HB NO. 479
1 timely, consistent, and easily understandable manner. This system shall be created
2 and administered by the Department of Public Safety and Corrections (the
3 department), which shall coordinate with and provide assistance to prosecutors and
4 law enforcement agencies utilizing the systems, processes, standards, and guidelines
5 implemented by the department. The department shall promulgate rules and
6 regulations in accordance with the Administrative Procedure Act in order to
7 implement the provisions of this Section. The system shall be created and in
8 operation no later than July 1, 2026.
9 C. The legislature recognizes that the creation and implementation of a
10 comprehensive victims’ services system requires the input, coordination, and
11 cooperation of relevant stakeholders responsible for providing services to crime
12 victims and witnesses and urges relevant stakeholders to work collaboratively to
13 create and implement this comprehensive victims’ services system as expeditiously
14 as possible.
15 §1848. Crime Victims’ Bill of Rights
16 A.(1) The legislature hereby finds and declares the urgent need to establish
17 a comprehensive Crime Victims’ Bill of Rights. A bill of rights, written in plain
18 language and collected in one place, is vital for crime victims, witnesses, and
19 designated family members to be able to know and understand the rights and duties
20 to which the state of Louisiana affords to them and to ensure that they receive the
21 support, protection, and justice that they deserve.
22 (2) Subsection C of this Section shall be known and may be cited as the
23 “Crime Victims’ Bill of Rights”.
24 B.(1) Notwithstanding any other provision of law to the contrary, nothing in
25 this Section shall be construed to negate, impair, diminish, or limit any other rights
26 or duties afforded to crime victims, witnesses, and designated familymembers in any
27 other provision of law.
28 (2) Notwithstanding any other provision of law to the contrary, a defendant
29 or person accused or convicted of a crime for which a crime victim, witness, or
Page 2 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 25RS-557 ORIGINAL
HB NO. 479
1 designated family member is afforded any rights or duties within this Section does
2 not have standing to seek to have their conviction or sentence set aside for any
3 violation of the Crime Victims’ Bill of Rights.
4 C. A crime victim or designated family member, as defined in this Chapter,
5 shall have the following rights:
6 (1) The right to receive emergency, social, or medical services as soon as
7 possible and to receive a Victim Notice and Registration Form from law enforcement
8 as provided in R.S. 46:1844(A)(1).
9 (2) The right to be notified of the following: the defendant’s arrest, release
10 on recognizance, posting of bond, release pending charges being filed or due to
11 rejection of charges by the prosecutor, escape, or re-apprehension as provided in R.S.
12 46:1844(A)(3) and (Z).
13 (3) The right to advance notification of and to be present for judicial
14 proceedings or probation hearings as provided in R.S. 46:1844(B).
15 (4) The right, subject to reasonable efforts by the prosecutor prior to trial, to
16 be interviewed by the prosecutor regarding the facts of the case and requests for
17 restitution as provided in R.S. 46:1844(C).
18 (5) The right for such interviews to be conducted in a private setting, with
19 access if requested to a victim advocate, social worker, or psychologist for support
20 as provided in R.S. 46:1844(C).
21 (6) The right to refuse requests for interviews with the defense attorney as
22 provided in R.S. 46:1844(C)(3).
23 (7) The right to retain the victim’s or designated family member’s own legal
24 counsel for discussions with the district attorney and judicial agencies as provided
25 in R.S. 46:1844(D)(1).
26 (8) The right to request, orally or in writing, a conference with the
27 prosecutor’s office to discuss the disposition of the case by dismissal, plea, or trial,
28 the use of sentencing alternatives, and requests for payment of restitution to the
29 victim as provided in R.S. 46:1844(D)(2).
Page 3 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 25RS-557 ORIGINAL
HB NO. 479
1 (9) The right to assistance in informing employers that the participation of
2 the victim and designated family member in the prosecution of the case may
3 necessitate absence from work as provided in R.S. 46:1844(E).
4 (10) The right to be notified of scheduling changes as provided in R.S.
5 46:1844(F).
6 (11) The right to a secure waiting area during court proceedings away from
7 the defendant or the family of the defendant as provided in R.S. 46:1844(G).
8 (12) The right to review and comment on pre-sentence or post-sentence
9 reports as provided in R.S. 46:1844(H).
10 (13) The right to protection by all rules and laws governing criminal
11 procedure and the admissibility of evidence applicable to criminal proceedings as
12 provided in R.S. 46:1844(I).
13 (14) The right to a speedy disposition and prompt and final conclusion of the
14 case after conviction and sentencing as provided in R.S. 46:1844(J).
15 (15) The right to be present and heard at all critical stages of the proceedings,
16 including the right to make a written or oral victim impact statement as provided in
17 R.S. 46:1844(K)(1).
18 (16) The right to request that the victim impact statement be sealed for
19 privacy concerns as provided in R.S. 46:1844(K)(2).
20 (17) The right to be provided with notice from the court of the minimum and
21 maximum sentence allowed by law and the opportunity to comment on the proposed
22 sentence as provided in R.S. 46:1844(K)(3).
23 (18) The right to have property of the victim returned as provided in R.S.
24 46:1844(L).
25 (19) The right to seek restitution or payment from the defendant to the victim
26 or the family of the victim, with no court filing fees as provided in R.S. 46:1844(M).
27 (20) For death penalty cases, the right to notification of execution details and
28 the right to be present as provided in R.S. 46:1844(N).
Page 4 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 25RS-557 ORIGINAL
HB NO. 479
1 (21) For death penalty cases, the right to not be contacted by the offender or
2 supporters or representatives of the offender as provided in R.S. 46:1844(Y).
3 (22) The right to be notified of a parole hearing and to make written or oral
4 victim impact statements, including proposed contact and proximity restrictions that
5 may be included as parole conditions, for the protection of the victim as provided in
6 R.S. 46:1844(O).
7 (23) The right to confidentiality, and to prevent the release of the name,
8 address, contact information or identity of the victim, if the victim is a minor, victim
9 of a sex offense, or victim of a human trafficking offense as provided in R.S.
10 46:1844(W).
11 D. A witness or a designated family member, as defined in this Chapter,
12 shall have the following rights:
13 (1) The right to receive emergency, social, or medical services as soon as
14 possible and to receive a Victim Notice and Registration Form from law enforcement
15 as provided in R.S. 46:1844(A)(1).
16 (2) The right to be notified of the following: release, discharge of sentence,
17 escape, or reapprehension as provided in R.S. 46:1844(N)(2) and (3).
18 (3) The right to assistance in informing employers that the participation of
19 the witness or designated family member in the prosecution of the case may
20 necessitate absence from work as provided in R.S. 46:1844(E).
21 (4) The right to be notified of scheduling changes as provided in R.S.
22 46:1844(F).
23 (5) The right to a secure waiting area during court proceedings away from
24 the defendant or the family of the defendant as provided in R.S. 46:1844(G).
25 Section 2. The office of the governor shall prepare a printable version of the Crime
26 Victims’ Bill of Rights as set forth above for public consumption.
27 Section 3. This Act shall become effective upon signature by the governor or, if not
28 signed by the governor, upon expiration of the time for bills to become law without signature
29 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
Page 5 of 6
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 25RS-557 ORIGINAL
HB NO. 479
1 vetoed by the governor and subsequently approved by the legislature, this Act shall become
2 effective on the day following such approval.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 479 Original 2025 Regular Session Mandie Landry
Abstract: Provides for a comprehensive victims’ services system and the Victims’ Bill of
Rights.
Proposed law directs the Dept. of Public Safety and Corrections to create a comprehensive
victims’ services system to notify victims, witnesses, and designated family members of their
rights and to inform them of legal proceedings.
Present law (R.S. 46:1844) provides for the basic rights of victims and witnesses of a crime.
Proposed law creates the Victims’ Bill of Rights related to the rights in present law.
Proposed law provides that a defendant shall not have standing to challenge the outcome of
a case pursuant to a violation of a victim’s rights.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 46:1847 and 1848)