Louisiana § RS 46:1846 - Communication between offender and victim prohibited; exceptions

§ RS 46:1846. Communication between offender and victim prohibited; exceptions

            A. A person who has been charged by bill of information or indictment with any crime of violence as defined in R.S. 14:2 committed upon any person, any felony sex offense as defined in R.S. 46:1844(W) committed upon any person, any felony human trafficking-related offense as defined in R.S. 46:1844(W) committed upon any person, or any offense, that is a felony, committed upon a family member, household member, or dating partner, as those terms are defined by R.S. 46:2132, or any immediate family member of such person, shall be prohibited from communicating, either by electronic communication, in writing, or orally, with a victim of the offense, or any of his immediate family members for which the person has been charged or for which disposition of the case is pending.

            B. The provisions of Subsection A of this Section shall apply to communication between the offender or his immediate family member and the victim, or any of his immediate family members, unless the provisions of Paragraphs (1) and (2) of this Subsection are satisfied.

            (1) The victim consents to the communication through the local prosecuting agency.

            (2) The communication is made through the counsel of the offender, counsel's staff or representative, or the offender himself if he is representing himself at trial.

            C. A person who has been sentenced or found not guilty by reason of insanity for a crime of violence as defined in R.S. 14:2 committed upon any person, any felony sex offense as defined in R.S. 46:1844(W) committed upon any person, any felony human trafficking-related offense as defined in R.S. 46:1844(W) committed upon any person, or any offense, that is a felony, committed upon a family member, household member, or dating partner, as those terms are defined by R.S. 46:2132, or any immediate family member of such person, shall be prohibited from communicating, either by electronic communication, in writing, or orally, with a victim of the offense, or any of his immediate family members, for which the person has been sentenced unless the victim or his immediate family members initiate the communication through the Department of Public Safety and Corrections, and it is agreed that the victim and the offender participate in a formally defined restorative justice program administered through the department. Any sentencing order issued pursuant to this Subsection shall be reflected in the sentencing minutes of the issuing court. The issuing court shall notify the Department of Public Safety and Corrections of the issuance of the sentencing order.

            D. For purposes of this Section, "immediate family member" means the spouse, mother, father, aunt, uncle, sibling, or child of the offender, whether related by blood, marriage, or adoption.

            E.(1) When a person is prohibited from communicating with another person pursuant to the provisions of this Section, a judge shall cause to have prepared a Uniform Abuse Prevention Order, as provided in R.S. 46:2136.2(C), to protect, at a minimum, a victim and the children of the victim, shall sign such order, and shall immediately forward it to the clerk of court for filing, on the next business day after the order is issued. The clerk of the issuing court shall transmit the Uniform Abuse Prevention Order to the judicial administrator's office, Louisiana Supreme Court, for entry into the Louisiana Protective Order Registry, as provided in R.S. 46:2136.2(A), by facsimile transmission or direct electronic input as expeditiously as possible, but no later than the end of the next business day after the order is filed with the clerk of court. The clerk of the issuing court shall also send a copy of the Uniform Abuse Prevention Order, or any modification thereof, to the chief law enforcement officer of the parish where the person or persons protected by the order reside. A copy of the Uniform Abuse Prevention Order shall be retained on file in the office of the chief law enforcement officer until otherwise directed by the court.

            (2) If an order is issued pursuant to the provisions of this Section, it shall be presumed that the defendant poses a credible threat to the physical safety of the person or persons protected by the order, and the court shall order that the defendant be prohibited from possessing a firearm for the duration of the Uniform Abuse Prevention Order.

            F. Whoever violates the provisions of this Section shall be subject to the provisions of R.S. 14:79.

            Acts 2008, No. 291, §1; Acts 2012, No. 245, §1; Acts 2018, No. 293, §2; Acts 2020, No. 246, §4.