HLS 12RS-885 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. 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 * * *10 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 * * *20 HLS 12RS-885 ORIGINAL HB NO. 948 Page 2 of 2 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 * * *3 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 * * *16 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))