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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 ENROLLED
SENATE BILL NO. 481
BY SENATOR PERRY
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) 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
otherwise reproduce any property or material that is alleged to constitute18
evidence of obscenity as defined in R.S. 14:106(A)(2) that is unlawfully19
possessed, video voyeurism as defined in R.S. 14:283, or pornography involving20
juveniles as defined in R.S. 14:81.1, provided that the district attorney makes21
the property or material reasonably available to the defendant.22
C. For purposes of this Article, the property or material shall be deemed23
reasonably available to the defendant if the district attorney provides ample24
opportunity for the inspection, viewing, and examination at the office of the25
ACT No. 558 SB NO. 481 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
district attorney of the property or material by the defendant, the defendant's1
attorney, and any individual the defendant may seek to qualify to furnish expert2
testimony at trial.3
Section 2. R.S. 46:1845 is hereby repealed in its entirety.4
Section 3. This Act shall become effective upon signature by the governor or, if not5
signed by the governor, upon expiration of the time for bills to become law without signature6
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If7
vetoed by the governor and subsequently approved by the legislature, this Act shall become8
effective on the day following such approval.9
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: