Louisiana 2012 2012 Regular Session

Louisiana House Bill HB512 Introduced / Bill

                    HLS 12RS-806	ORIGINAL
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 512
BY REPRESENTATIVE MORENO
EVIDENCE: Prohibits any admission to criminal conduct made during  an administrative
sanction proceeding from being introduced as evidence
AN ACT1
To enact Code of Evidence Article 803(8)(b)(v), relative to the admission of evidence; to2
provide with respect to hearsay; to prohibit the introduction into evidence any3
admission made during an administrative sanction proceeding; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Evidence Article 803(8)(b)(v) is hereby enacted to read as7
follows: 8
Art. 803.  Hearsay exceptions; availability of declarant immaterial9
The following are not excluded by the hearsay rule, even though the declarant10
is available as a witness:11
*          *          *12
(8)  Public records and reports.13
*          *          *14
(b) Except as specifically provided otherwise by legislation, the following15
are excluded from this exception to the hearsay rule:16
*          *          *17
(v) Admissions to criminal conduct made during an administrative sanction18
proceeding pursuant to the provisions of Code of Criminal Procedure Article 899.1.19
*          *          *20 HLS 12RS-806	ORIGINAL
HB NO. 512
Page 2 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Moreno	HB No. 512
Abstract: Prohibits any admission to criminal conduct made during an administrative
sanction proceeding from being introduced as evidence.
Present law prohibits from introduction into evidence certain reports, records, and statements
that are considered "hearsay".
Present law provides procedures whereby the court determines whether a person is eligible
for the imposition of an administrative sanction for a technical violation of probation.
Proposed law retains present law and provides that any admission to criminal conduct made
during an administrative sanction proceeding pursuant to present law shall be considered
"hearsay" and, therefore, not admissible as evidence.  
(Adds C.E. Art. 803(8)(b)(v))