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Regular Session, 2012
SENATE BILL NO. 482
BY SENATOR PERRY
CRIMINAL PROCEDURE. Provides relative to the taking of depositions of a child victim
of sexual abuse. (8/1/12)
AN ACT1
To enact Code of Criminal Procedure Article 729.7, relative to discovery in certain criminal2
cases; to prohibit taking the deposition of the victim in certain sexual abuse cases3
involving a minor except under certain circumstances; to provide for definitions; and4
to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Criminal Procedure Article 729.7 is hereby enacted to read as7
follows:8
Art. 729.7. Depositions of minors in sexual abuse cases9
A.(1) Notwithstanding any other provision of law, no deposition of the10
victim shall be taken in the prosecution of any crime of rape, sexual battery, or11
incest involving a minor, trafficking of children for sexual purposes, or sexual12
offense affecting a minor under R.S. 14:80 through 81.5, except by agreement13
of the parties or after approval of the court pursuant to Paragraph B of this14
Article.15
(2) For purposes of this Article, "minor" shall mean a person under the16
age of seventeen years.17 SB NO. 482
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
B. The court shall not approve a deposition pursuant to this Article1
unless the court finds that:2
(1) The testimony of the victim is necessary to assist the trial.3
(2) The evidence sought is not reasonably available by any other means.4
(3) The probative value of the testimony outweighs the potential5
detriment to the victim of being deposed.6
C. (1) If a deposition is taken pursuant to this Article, the court shall7
issue a protective order to protect the deponent from emotional harm,8
unnecessary annoyance, embarrassment, oppression, invasion of privacy, undue9
burden or expense, or waste of time.10
(2) The protective order may include, among other remedies:11
(a) That the deposition may be taken only on specified terms and12
conditions, including a designation of the time, place, and manner of taking the13
deposition.14
(b) That the deposition may be taken only by written questions.15
(c) That certain matters not be inquired into, or that the scope of the16
deposition be limited in certain matters.17
(d) That the deposition be conducted only with such persons present as18
the court may designate.19
(e) That after the deposition has been taken, the recording or20
transcription be sealed until further order of the court.21
D. If a deposition of the victim is taken pursuant to this Article, the court22
shall appoint an attorney to represent the victim for the purposes of the23
deposition.24
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Perry (SB 482)
Proposed law provides relative to depositions of minors in sexual abuse cases.
Proposed law provides that no deposition of the victim can be taken in the prosecution of any SB NO. 482
SLS 12RS-472 ENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
crime of rape, sexual battery, or incest involving a minor, trafficking of children for sexual
purposes, or sexual offense affecting a minor under certain provisions of present law except
by agreement of the parties or after approval of the court pursuant to proposed law.
Proposed law provides that "minor" means a person under the age of 17 years.
Proposed law provides that the court cannot approve the deposition of a minor in a sexual
abuse case unless the court finds that:
1. The testimony of the victim is necessary to assist the trial.
2. The evidence sought is not reasonably available by any other means.
3. The probative value of the testimony outweighs the potential detriment to the victim
of being deposed.
Proposed law provides that if a deposition is taken pursuant to proposed law, then the court
must issue a protective order to protect the victim from emotional harm, unnecessary
annoyance, embarrassment, oppression, invasion of privacy, undue burden or expense, or
waste of time.
Proposed law provides that this protective order may include, among other remedies:
1. That the deposition may be taken only on specified terms and conditions, including
a designation of the time, place, and manner of taking the deposition.
2. That the deposition may be taken only by written questions.
3. That certain matters not be inquired into, or that the scope of the deposition be
limited in certain matters.
4. That the deposition be conducted only with such persons present as the court may
designate.
5. That after the deposition has been taken, the recording or transcription be sealed until
further order of the court.
Proposed law provides that if a deposition of the victim is taken pursuant to proposed law,
then the court is to appoint an attorney to represent the victim for the purposes of the
deposition.
Effective August 1, 2012.
(Adds C.Cr.P. Art. 729.7)