Louisiana 2012 2012 Regular Session

Louisiana House Bill HB512 Engrossed / Bill

                    HLS 12RS-806	ENGROSSED
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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 the notification of administrative sanctions form from being
introduced as evidence
AN ACT1
To amend and reenact Code of Evidence Article 803(8)(b)(i), relative to the admission of2
evidence; to provide with respect to hearsay; to prohibit the notification of3
administrative sanctions form from being introduced as evidence; 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)(i) is hereby amended and reenacted7
to read as 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
(i) Investigative reports by police and other law enforcement personnel or17
the notification of administrative sanctions form which records the administrative18
sanctions proceedings conducted pursuant to Code of Criminal Procedure Article19
899.1 or R.S. 15:574.7.20
*          *          *21 HLS 12RS-806	ENGROSSED
HB NO. 512
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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 notification of administrative sanctions form 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 notification of administrative
sanctions form which records the administrative sanctions proceedings pursuant to present
law shall be considered "hearsay" and, therefore, not admissible as evidence.
(Amends C.E. Art. 803(8)(b)(i))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Administration of Criminal
Justice to the original bill.
1. Removed proposed law provisions regarding admissions to criminal conduct
made during an administrative sanctions proceeding from the list of exclusions
to the hearsay exception.
2. Added the notification of administrative sanctions form to the list of exclusions
to the hearsay exception.