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Regular Session, 2010
HOUSE BILL NO. 254
BY REPRESENTATIVES LEGER AND GARY SMITH
CRIMINAL/PROCEDURE: Authorizes certain individuals to view certain videotaped
statements
AN ACT1
To amend and reenact R.S. 15:440.5(C), relative to videotaped statements of protected2
persons; to authorize certain individuals to view certain videotaped statements of a3
protected person; to provide with respect to copies of the videotape and a transcript4
of the videotaped statement; to provide for possession of the copy or transcripts; and5
to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 15:440.5(C) is hereby amended and reenacted to read as follows: 8
ยง440.5. Admissibility of videotaped statements; discovery by defendant9
* * *10
C. In a criminal prosecution, when the state intends to offer as evidence a11
copy of a videotaped oral statement of a protected person made pursuant to the12
provisions of this Subpart, the defendant, through his attorney only, may be provided13
a copy of the videotape if the court determines it necessary to prepare a proper14
defense. If the defendant's attorney is provided a copy of the videotaped statement15
by court order or by permission of the district attorney, only the attorney and the16
defendant the following persons involved in preparing the defense of the instant17
charges shall be permitted to view the tape: the attorney and his regularly employed18
staff, the defendant, and any expert and investigator retained by the attorney. and no19
Other than a transcript of the videotaped oral statement, no copies of the videotape20 HLS 10RS-1012 REENGROSSED
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shall be made by any person, except for use as trial exhibits. The copy, and any1
transcripts, shall be securely retained by the defendant's attorney at all times and2
shall not be possessed, transferred, distributed, copied, or viewed by any3
unauthorized party. It shall be the affirmative duty of the defendant's attorney to4
return the videotape to the court immediately upon conclusion of the case but in all5
cases prior to sentencing. A defendant who appears pro se in a criminal proceeding6
shall be allowed reasonable access to the videotape of a protected person only with7
an order of the court and under court-directed supervision. The tape shall be filed8
as part of the record under seal by the clerk of court for use in subsequent legal9
proceedings or appeals and shall only be released only upon motion of the state or10
counsel of record with an order of court and in compliance with this Section. Any11
violation of this Subsection shall be punished as contempt of court. Any person who12
makes an unauthorized disclosure of the videotape or its contents may also be subject13
to liability for civil damages, including punitive damages.14
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)]
Leger HB No. 254
Abstract: Authorizes certain individuals to view certain videotaped statements of a
protected person.
Present law authorizes the use of videotaped statements of protected persons. Defines
"protected person" as a crime witness or victim who is either under the age of 17 or has a
developmental disability.
Present law provides that if a copy of the videotaped statement is provided to the defendant's
attorney, only the defendant and his attorney are permitted to view the tape.
Proposed law changes present law and provides that in addition to the defendant and his
attorney, the following persons, who are involved in preparing the defense of the instant
charges, are authorized to view the videotaped statement: the attorney's regularly employed
staff and any expert and investigator retained by the defense.
Present law provides that no copies of the videotaped statement shall be made by any person.
Proposed law amends present law and provides that transcripts and copies of the videotaped
statement may be made if they will be used as exhibits for trial. HLS 10RS-1012 REENGROSSED
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Proposed law retains present law and provides that the transcripts and copies of the
videotaped statement shall be securely retained by the defendant's attorney at all times and
shall not be given to or viewed by an unauthorized party.
(Amends R.S. 15:440.5(C))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Amended the list of persons authorized to view the videotaped statement of a
protected person to include only the attorney and his regularly employed staff,
the defendant, and any expert and investigator retained by the defense.