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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. 659
BY SENATOR MARTINY
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
and shall use the disclosed material solely for purposes of investigation of18
criminal offenses and enforcement of criminal laws.19
B. The district attorney shall also disclose to the defendant material20
evidence favorable to the defendant that was presented to the grand jury.21
C. The district attorney may also disclose to a witness at trial, including22
the defendant if the defendant testifies, any statement of the witness before the23
grand jury that is inconsistent with the testimony of that witness.24
* * *25
Art. 521. Time for filing of pretrial motions26
A. Pretrial motions shall be made or filed within fifteen days after27 SB NO. 659 ENROLLED
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arraignment, unless a different time is provided by law or fixed by the court at1
arraignment upon a showing of good cause why fifteen days is inadequate.2
B. Upon written motion at any time and a showing of good cause, the court3
shall allow additional time to file pretrial motions.4
C. If by pretrial motion the state or the defendant requests discovery or5
disclosure of evidence favorable to the defendant, then the court shall fix a time6
by which the state or the defendant shall respond to the motion.7
* * *8
Art. 717. Defendant's prior criminal record Disclosure by the state; criminal9
records of defendant and witnesses; inducements to the state's10
witnesses11
A. On Upon motion of the defendant, the court shall order the district12
attorney or the to disclose, or to direct the appropriate law enforcement agency to13
disclose, and furnish to defendant, a copy of any the record of his criminal arrests14
and convictions that is in their possession or custody of the defendant, any co-15
defendant, and any witness to be called by the state in its case in chief.16
B. The district attorney shall also disclose any inducement offered by the17
district attorney, or by any law enforcement officer on behalf of the district18
attorney, to secure the testimony of the witness in the case in chief of the state.19
C. The time for disclosure provided for by this Article shall be set by the20
court, provided that the district attorney shall not be required to disclose21
inducements or records of arrests and convictions until the commencement of22
trial.23
Art. 718. Documents and tangible objects24
Subject to the limitation of Article 723, and except as otherwise prohibited25
by law, on motion of the defendant, the court shall order the district attorney to26
permit or authorize the defendant, or an expert working with the defendant, to27
inspect, copy, examine, test scientifically, photograph, or otherwise reproduce books,28
papers, documents, photographs, tangible objects, buildings, places, or copies or29
portions thereof, which that are within the possession, custody, or control of the30 SB NO. 659 ENROLLED
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words in boldface type and underscored are additions.
state, and which that:1
(1) are favorable to the defendant and which that are material and relevant2
to the issue of guilt or punishment, or 3
* * *4
Art. 725.1. Disclosure by the defendant; names of defense witnesses5
If the defendant moves, pursuant to Article 717, for disclosure of the6
records of arrests and convictions of witnesses to be called by the state in its7
case in chief, the defendant shall disclose to the district attorney, prior to those8
witnesses being sworn, the name and date of birth of the witnesses to be called9
by the defendant in his case in chief.10
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Art. 729.6. Applicability of discovery12
The rules of this Chapter shall be applied in all criminal cases which are to13
be tried in the district, parish, and city court courts. They shall be applicable14
following the institution of the criminal prosecution by the return of a grand jury15
indictment, or the filing of a bill of information, by the district attorney or the filing16
of an affidavit charging an offense. However, the rules of this Chapter do not17
apply in city and parish courts to cases in which prosecution is instituted by18
affidavit for violations of city or parish ordinances defining traffic offenses.19
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: