Louisiana Senate Bill SB659

Louisiana 2012 Regular Session

• Introduced: 4/2/12
• Refer: 4/3/12
• Report Pass: 4/17/12
• Engrossed: 4/19/12
• Refer: 4/23/12
• Report Pass: 5/16/12
• Enrolled: 5/31/12
• Chaptered: 6/14/12
• Passed: 6/14/12

Caption

Makes revisions to Code of Criminal Procedure relative to discovery. (8/1/12)

Impact

The revisions proposed in SB 659 are significant as they influence how evidence is handled prior to trial, particularly in relation to grand jury processes. This bill is expected to impact existing laws concerning evidence disclosure and pretrial motion filings within the state. By specifically addressing the timeline for filing pretrial motions and the responsibilities concerning discovery, it aims to streamline the legal procedures for both defense attorneys and prosecutors. Critics may argue about the potential pitfalls of such disclosures, fearing they might compromise the integrity of grand jury processes.

Summary

Senate Bill 659 aims to amend the Louisiana Code of Criminal Procedure with important changes related to criminal discovery processes. The bill introduces provisions that allow exceptions to the secrecy of grand jury proceedings, enabling the state to disclose certain information to prosecutors and law enforcement officials. Additionally, it mandates that district attorneys disclose material evidence favorable to the defendant that has been presented to the grand jury, thus enhancing the rights of defendants in the pretrial phase. This is seen as a way to bolster transparency and fairness in the judicial process.

Sentiment

General sentiment regarding SB 659 reflects a move towards greater transparency in the criminal justice system. Proponents argue that enhancing discovery rights for defendants is a crucial step in ensuring fair trials and upholding justice. However, there are concerns among some legal professionals who worry that the changes could lead to complications or disruptions in ongoing cases, especially concerning the timing of disclosures. Overall, the bill has been received positively among advocates for criminal justice reform.

Contention

Notable points of contention include the balance between transparency and the potential risks associated with disclosing grand jury information. While supporters emphasize the importance of ensuring that defendants have access to evidence that can impact their defense, opponents warn that this might undermine the secrecy intended to protect witnesses and the integrity of ongoing investigations. The effectiveness of these amendments in practice remains a subject of debate, with implications for how criminal cases are prosecuted in Louisiana.