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Regular Session, 2012
SENATE BILL NO. 659
BY SENATOR MARTINY
CRIMINAL PROCEDURE. Makes revisions to Code of Criminal Procedure relative to
discovery. (8/1/12)
AN ACT1
To amend and reenact Code of Criminal Procedure Articles 521, 717, the introductory2
paragraph of 718 and 718(1) and 729.6 and to enact Code of Criminal Procedure3
Articles 434.1 and 725.1, relative to criminal discovery; to provide for exceptions to4
grand jury secrecy; to provide relative to pretrial discovery motions; to provide5
relative to disclosure of certain evidence and records; to provide relative to6
disclosure of certain witness information; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Code of Criminal Procedure Articles 521, 717, the introductory paragraph9
of 718 and 718(1) and 729.6 are hereby amended and reenacted and Code of Criminal10
Procedure Articles 434.1 and 725.1 are hereby enacted to read as follows: 11
Art. 434.1. Exceptions to grand jury secrecy12
A. Notwithstanding the provisions of Article 434, the state may disclose13
to state or federal prosecutors or law enforcement officers, or to investigators14
on the staff of the district attorney or attorney general, or to expert witnesses,15
information and documents provided to a grand jury. Any person to whom16
such disclosure is made shall not engage in further disclosure of the material17 SB NO. 659
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and shall use the disclosed material solely for purposes of investigation of1
criminal offenses and enforcement of criminal laws.2
B. The district attorney shall also disclose to the defendant material3
evidence favorable to the defendant that was presented to the grand jury.4
C. The district attorney may also disclose to a witness at trial, including5
the defendant if the defendant testifies, any statement of the witness before the6
grand jury that is inconsistent with the testimony of that witness.7
* * *8
Art. 521. Time for filing of pretrial motions9
A. Pretrial motions shall be made or filed within fifteen days after10
arraignment, unless a different time is provided by law or fixed by the court at11
arraignment upon a showing of good cause why fifteen days is inadequate.12
B. Upon written motion at any time and a showing of good cause, the court13
shall allow additional time to file pretrial motions.14
C. If by pretrial motion the state or the defendant requests discovery or15
disclosure of evidence favorable to the defendant, then the court shall fix a time16
by which the state or the defendant shall respond to the motion.17
* * *18
Art. 717. Defendant's prior criminal record Disclosure by the state; criminal19
records of defendant and witnesses; inducements to the state's20
witnesses21
A. On Upon motion of the defendant, the court shall order the district22
attorney or the to disclose, or to direct the appropriate law enforcement agency to23
disclose, and furnish to defendant, a copy of any the record of his criminal arrests24
and convictions that is in their possession or custody of the defendant, any co-25
defendant, and any witness to be called by the state in its case in chief.26
B. The district attorney shall also disclose any inducement offered by the27
district attorney, or by any law enforcement officer on behalf of the district28
attorney, to secure the testimony of the witness in the case in chief of the state.29 SB NO. 659
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C. The time for disclosure provided for by this Article shall be set by the1
court, provided that the district attorney shall not be required to disclose2
inducements or records of arrests and convictions until the commencement of3
trial.4
Art. 718. Documents and tangible objects5
Subject to the limitation of Article 723, and except as otherwise prohibited6
by law, on motion of the defendant, the court shall order the district attorney to7
permit or authorize the defendant, or an expert working with the defendant, to8
inspect, copy, examine, test scientifically, photograph, or otherwise reproduce books,9
papers, documents, photographs, tangible objects, buildings, places, or copies or10
portions thereof, which that are within the possession, custody, or control of the11
state, and which that:12
(1) are favorable to the defendant and which that are material and relevant13
to the issue of guilt or punishment, or 14
* * *15
Art. 725.1. Disclosure by the defendant; names of defense witnesses16
If the defendant moves, pursuant to Article 717, for disclosure of the17
records of arrests and convictions of witnesses to be called by the state in its18
case in chief, the defendant shall disclose to the district attorney, prior to those19
witnesses being sworn, the name and date of birth of the witnesses to be called20
by the defendant in his case in chief.21
* * *22
Art. 729.6. Applicability of discovery23
The rules of this Chapter shall be applied in all criminal cases which are to24
be tried in the district, parish, and city court courts. They shall be applicable25
following the institution of the criminal prosecution by the return of a grand jury26
indictment, or the filing of a bill of information, by the district attorney or the filing27
of an affidavit charging an offense. However, the rules of this Chapter do not28
apply in city and parish courts to cases in which prosecution is instituted by29 SB NO. 659
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affidavit for violations of city or parish ordinances defining traffic offenses.1
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Martiny (SB 659)
Proposed law provides for certain exceptions to grand jury secrecy as provided for by
present law, including disclosure to other prosecutorial entities and experts of material
favorable to the defendant and any statement of a witness that is inconsistent with the
witness's grand jury testimony.
Present law provides relative to the time for filing pretrial motions.
Proposed law retains present law and adds that the court may allow additional time to
respond to pretrial motions and that the court is to fix the time to respond to a pretrial motion
requesting discovery or disclosure of certain other information.
Present law provides for the disclosure to the defendant of the defendant's criminal record.
Proposed law retains present law and adds that disclosure must also include the records of
a co-defendant or witness to be called by the state, and that the court will set the time for this
disclosure.
Present law provides that in certain circumstances the court is to order the district attorney
to permit the defendant to inspect, examine, and test documents and other items.
Proposed law retains present law and makes present law applicable to an expert working
with the defendant.
Proposed law provides that if the defendant requests disclosure by the state of the criminal
records of the state's witnesses, then the defense must disclose the name and birth date of its
witnesses.
Present law provides that discovery is applicable in the district courts following the filing
of an indictment or bill of information.
Proposed law retains present law and makes present law applicable in the parish and city
courts beginning with the filing of an affidavit charging the offense also. Proposed law
further provides that present law and proposed law does not apply in city and parish courts
for traffic violation prosecutions instituted by affidavit.
Effective August 1, 2012.
(Amends C.Cr.P. Art. 521, 717, 718(intro para) and 718(1) and 729.6; adds C.Cr.P. Art.
434.1 and 725.1)