Lopinto (HB 371) Act No. 250
Prior law provided 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 existing 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.
New law substantially amends prior 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
existing 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 new 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 existing law or new
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.
(14)Provides that if a witness preparing a report will be called as an expert, the report
shall contain the witness's area of expertise, his qualifications, a list of materials upon
which his conclusion is based, his opinion, and the reason therefor.
(15)Provides that if either the state or defendant moves for the disclosure of statements
of witnesses, the court shall order the state and defendant to disclose such statements
and to authorize the inspection and copying of any written or recorded statements of
any witnesses intended to be called at trial.
Effective January 1, 2014.
(Amends C.Cr.P. Arts. 716, 717, 718, 719(A), 720, 721, 722, 723, 724, 725, 725.1, and 728;
Adds C.Cr.P. Art. 729.7)