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R.S.46:1844 (K)
The victim and
victim's family members shall have the right to make a written and oral
victim impact statement as follows:
(i) Any written statement shall be made available to the state and the
defendant and shall be made part of the record. The statement may be
submitted by the district attorney upon request of the victim or designated
family member. Upon request of the victim or designated family member, any
such written statement may be sealed by the court after review by the parties.
(ii) The hearing at which an oral statement is provided to the court shall be
subject to the limitations of relevance. In any case where the number of
victim's family members exceeds three, the court may limit the in-court
statements it receives from them to a fewer number of statements. The
court may otherwise reasonably restrict the oral statement in order to maintain
courtroom decorum. The defendant must be present for the victim impact
statement. Upon motion of the state, the court may hear any such
statement in camera.
The statement of the victim or the victim's family may:
(a) Identify the victim of the offense.
(b) Itemize ay economic loss that has been or may be reasonably suffered
by the victim as a result of the offense.
(c) Identify any physical injury suffered by the victim as a result of the
offense, along with its seriousness and permanence.
(d) Describe any change in the victim's personal welfare or familial
relationships as a result of the offense.
(e) Identify any request for medical or counseling services needed by the
victim or the victim's family as a result of the offense.
(f) Contain any other information related to the impact of the offense
upon the victim or the victim's family that the trial court requires.
(g) Contain any other information that the victim or victim's family
wishes to share with the court regarding the overall effect of the crime upon
the victim and the victim's family. |