ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
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ACT No. 404
Regular Session, 2012
HOUSE BILL NO. 594
BY REPRESENTATIVE LOPINTO
AN ACT1
To enact Code of Criminal Procedure Article 718.1 and to repeal R.S. 46:1845, relative to2
discovery; to provide relative to discovery procedures in certain criminal cases; to3
prohibit the reproduction of certain evidence in certain cases involving pornography4
involving juveniles, video voyeurism, and obscenity; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Criminal Procedure Article 718.1 is hereby enacted to read as8
follows: 9
Art. 718.1. Evidence of obscenity, video voyeurism, or pornography involving10
juveniles11
A. In any criminal proceeding, any property or material that is alleged to12
constitute evidence of obscenity as defined in R.S. 14:106(A)(2) that is unlawfully13
possessed, video voyeurism as defined in R.S. 14:283, or pornography involving14
juveniles as defined in R.S. 14:81.1 shall remain in the care, custody, and control of15
the court or the district attorney.16
B. Notwithstanding any other provision of law to the contrary, the court shall17
deny any request by the defendant to copy, photograph, duplicate, or otherwise18
reproduce any property or material that is alleged to constitute evidence of obscenity19
as defined in R.S. 14:106(A)(2) that is unlawfully possessed, video voyeurism as20
defined in R.S. 14:283, or pornography involving juveniles as defined in R.S.21
14:81.1, provided that the district attorney makes the property or material reasonably22
available to the defendant.23
C. For purposes of this Article, the property or material shall be deemed24
reasonably available to the defendant if the district attorney provides ample25 ENROLLEDHB NO. 594
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opportunity for the inspection, viewing, and examination at the office of the district1
attorney of the property or material by the defendant, the defendant's attorney, and2
any individual the defendant may seek to qualify to furnish expert testimony at trial.3
Section 2. R.S. 46:1845 is hereby repealed in its entirety.4
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: