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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 481
BY SENATOR PERRY
CRIMINAL PROCEDURE. Provides relative to discovery procedures for certain evidence
in certain criminal proceedings. (gov sig)
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. Prohibition on reproduction of pornography involving juveniles10
A. In any criminal proceeding, any property or material that is alleged11
to constitute evidence of obscenity as defined in R.S. 14:106(A)(2)(b) that is12
unlawfully possessed, video voyeurism as defined in R.S. 14:283, or13
pornography involving juveniles as defined in R.S. 14:81.1, shall remain in the14
care, custody, and control of the court or the district attorney.15
B. Notwithstanding any other provision of law to the contrary, the court16
shall deny any request by the defendant to copy, photograph, duplicate, or17 SB NO. 481
SLS 12RS-709 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
otherwise reproduce any property or material that is alleged to constitute1
evidence of obscenity as defined in R.S. 14:106(A)(2)(b) that is unlawfully2
possessed, video voyeurism as defined in R.S. 14:283, or pornography involving3
juveniles as defined in R.S. 14:81.1, provided that the district attorney makes4
the property or material reasonably available to the defendant.5
C. For purposes of this Article, the property or material shall be deemed6
reasonably available to the defendant if the district attorney provides ample7
opportunity for the inspection, viewing, and examination at the office of the8
district attorney of the property or material by the defendant, the defendant's9
attorney, and any individual the defendant may seek to qualify to furnish expert10
testimony at trial.11
Section 2. R.S. 46:1845 is hereby repealed in its entirety.12
Section 3. This Act shall become effective upon signature by the governor or, if not13
signed by the governor, upon expiration of the time for bills to become law without signature14
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If15
vetoed by the governor and subsequently approved by the legislature, this Act shall become16
effective on the day following such approval.17
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Present law provides special procedures for the protection of privacy of a victim when
evidence pertains to child pornography, video voyeurism, or obscenity, including motions
by the district attorney or the court to limit the access to such evidence or copies thereof.
Present law further provides that the court, upon motion of the district attorney, may order
the destruction of the evidence.
Proposed law repeals these provisions of present law and further provides that in any
criminal proceeding, any property or material that is alleged to constitute evidence of
pornography involving juveniles, video voyeurism, or certain instances of obscenity is to
remain in the care, custody, and control of the court or the district attorney.
Proposed law further provides that the court is to deny any request by the defendant to copy,
photograph, duplicate, or otherwise reproduce such evidence, provided that the district
attorney makes the property or material reasonably available to the defendant providing
ample opportunity for the inspection, viewing, and examination at the office of the district
attorney by the defendant, the defendant's attorney, and any individual the defendant may
seek to qualify to furnish expert testimony at trial. SB NO. 481
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds C.Cr.P. Art. 718.1; repeals R.S. 46:1845)