DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of
the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of
the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Lopinto HB No. 371
Abstract: Provides relative to discovery and inspection of certain types of evidence in criminal
cases.
Present law provides relative to motions by the state and by the defendant in criminal cases for
discovery and inspection of the following types of evidence:
(1)Any relevant written or recorded confession or statement of any nature of the defendant.
(2)Any results or reports of a physical or mental examination made in connection with or
that are material to the case.
(3)Any results or reports of scientific tests or experiments made in connection with or that
are material to the case, including exculpatory evidence not intended for use at trial.
(4)Any written or recorded confessions or inculpatory statements made by a codefendant.
(5)Any oral confession or statement of any nature made by the defendant.
(6)Any oral statement made by the defendant in response to interrogation by a law
enforcement officer.
(7)Evidence of the commission of any other crime admissible pursuant to present law.
(8)Any statements of coconspirators.
(9)The record of arrests and convictions of the defendant, any codefendant, and any witness
to be called by the state in its case in chief.
(10)Any inducement offered to secure the testimony of any witness.
(11)Books, papers, documents, photographs, tangible objects, buildings, places, or copies that
are favorable to the defendant, material and relevant to the issue of guilt or punishment,
that are intended for use by the state as evidence, or were obtained from or belong to the
defendant.
(12)Internal reports, memoranda, or other documents made by either party or by the agents of either party in connection with the investigation, prosecution, or defense of the case.
Proposed law substantially amends present law, including but not limited to the following
changes:
(1)Provides that motions for discovery made by the defendant shall be in writing and shall
be filed within the time periods for filing pretrial motions as provided for in present law.
(2)Provides that motions for discovery made by the defendant relative to oral statements
made by the defendant, or the substance of any oral statement made by the defendant in
response to interrogation, shall also apply to such statements by any codefendant.
(3)Provides that nothing in proposed law or present law shall be construed to require that
testimony before a grand jury be recorded nor shall it obligate the state to provide any
defendant a witness list for any trial or pretrial matter.
(4)Authorizes the district attorney to delete or excise from information identifying a certain
witness, otherwise required to be disclosed pursuant to present law or proposed law, if the
district attorney believes that the witness's safety may be compromised by such
disclosure. Provides for the procedure by which a defendant may object to such action by
the district attorney and the procedure by which such information shall be disclosed to the
defendant.
(5)Amends present law to provide that the district attorney, when ordered to do so by the
court, is only required to disclose to the defendant the record of arrests and convictions of
the defendant, any codefendant, or any witness, and removes the requirement that the
state furnish such records to the defense. Further provides that such records for any
witness called by the state in its rebuttal case and any inducement offered to secure such
witness's testimony shall be disclosed immediately prior to the witness being sworn.
(6)Authorizes the defendant to request, and the court to order the district attorney to
authorize the defendant to inspect, copy, photograph, or otherwise reproduce, initial
offense reports created and known to the prosecutor made in connection with the
particular case.
(7)Removes the requirement that documents and tangible objects be favorable to the
defendant and be material and relevant to the issue of guilt or punishment, in order for the
district attorney to be ordered to permit or authorize the defendant, or an expert working
with the defendant, to inspect, copy, photograph, or otherwise reproduce such items.
(8)Provides that if the results or reports intended to be used by either party have not been
reduced to writing, each party shall produce for the other party a summary which includes
the name of the witness, his qualifications, a list of materials upon which his conclusion
is based, his opinion, and his reasons therefor. (9)Clarifies that motions for discovery by the defendant relative to statements of
coconspirators shall include written, recorded, or oral statements that the state intends to
introduce in its case in chief.
(10)Removes the requirement that in order for the state to be required to permit or authorize
inspection or reproduction of confessions and statements of codefendants, the statements
shall be inculpatory, the written or recorded confessions shall be relevant, and the
confessions or statements shall be intended for use at trial.
(11)Adds internal documents, notes, or other items which contain the mental impressions of
the attorney, or any investigator working for the attorney, to the list of items which are
not discoverable or subject to inspection.
(12)Provides that the state shall provide the defendant with any exculpatory evidence that is
material to the defendant's guilt or punishment, as constitutionally required by the case
Brady v. Maryland, 373 U.S. 83 (1963). (13)Provides for prospective application.
(Amends C.Cr.P. Articles 716, 717(A) and (C), 718, 719(A), 720, 721, 722, 723, 724, 725,
725.1, and 728; Adds C.Cr.P. Articles 716.1 and 717(D))