Louisiana 2012 2012 Regular Session

Louisiana House Bill HB948 Introduced / Bill

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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. 948
BY REPRESENTATIVE SEABAUGH
EVIDENCE:  Provides relative to the admissibility of certain evidence
AN ACT1
To amend and reenact R.S. 13:3733(D)(introductory paragraph) and 3733.1(C), relative to2
the admissibility of certain business records; to provide for admissibililty; and to3
provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 13:3733(D)(introductory paragraph) and 3733.1(C) are hereby6
amended and reenacted to read as follows: 7
§3733. Business records; reproduction by electronic imaging, photographic,8
photostatic, or miniature photographic process; certification9
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D. Whenever any such electronically imaged, photographic, photostatic, or11
miniature photographic copy or reproduction shall be certified with a certificate12
reading substantially as follows, it shall be deemed an original or authentic copy of13
the original record or document for purposes of its admissibility under Louisiana14
law, and specifically as authentic evidence for purposes of Code of Civil Procedure15
Article 2636, and shall be received in evidence as prima facie proof of its contents16
with the same force and effect as though the original document were produced, and17
shall be deemed authentic evidence for all purposes, satisfying the requirements of18
Code of Evidence Articles 901 and 902:19
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HB NO. 948
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
§3733.1. Financial institution records; reproductions; recordkeeping; admissibility1
into evidence; definitions2
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C.  Notwithstanding any other statute, rule of law, regulation, ordinance, or4
other provision to the contrary, except Subsection G of this Section, each5
reproduction of a record made pursuant to this Section shall be considered to be an6
original of such record for all purposes and shall be admissible into evidence to the7
same extent as the original record itself in any judicial, administrative, and other8
proceedings in all courts, tribunals, and other bodies and in any proceedings before9
all boards, bureaus, departments, commissions, and agencies of this state, whether10
the original record is in existence or not, and shall be received in evidence as prima11
facie proof of its contents with the same force and effect as though the original12
document were produced, and shall be deemed authentic evidence for all purposes,13
satisfying the requirements of Code of Evidence Articles 901 and 902.  The14
introduction of a reproduction does not preclude introduction of the original record.15
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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)]
Seabaugh	HB No. 948
Abstract: Provides that properly certified reproductions of business records and financial
institution records shall be received in evidence as though they were original
documents.
Present law provides that whenever certain reproduced business and financial institution
records are certified or made in the regular course of business, those records shall be deemed
an original or authentic copy of the original record or document for purposes of its
admissibility.
Proposed law retains present law and specifies that the reproduced records shall be received
in evidence with the same force and effect as though the original document were produced.
(Amends R.S. 13:3733(D)(intro. para.) and 3733.1(C))