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ACT No. 250
Regular Session, 2013
HOUSE BILL NO. 371
BY REPRESENTATIVES LOPINTO AND HONORE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact Code of Criminal Procedure Articles 716, 717, 718, 719(A), 720, 721,2
722, 723, 724, 725, 725.1, and 728 and to enact Code of Criminal Procedure Article3
729.7, relative to discovery in criminal cases; to amend provisions relative to the4
discovery of statements made by defendants to include statements by any5
codefendant; to provide for protection of the identity of certain witnesses; to provide6
relative to the disclosure of criminal records of defendants, codefendants, and7
witnesses; to amend provisions relative to the discovery of documents and other8
tangible objects; to provide relative to the discovery of reports and results of9
examinations and tests and the form of disclosure for such information; to provide10
relative to the discovery of statements of coconspirators; to provide relative to the11
discovery of confessions and statements of codefendants; to provide relative to the12
discovery of internal documents made by the state, the defendant, or agents of the13
state or defendant; to provide for prospective application; and to provide for related14
matters.15
Be it enacted by the Legislature of Louisiana:16
Section 1. Code of Criminal Procedure Articles 716, 717, 718, 719(A), 720, 721,17
722, 723, 724, 725, 725.1, and 728 are hereby amended and reenacted and Code of Criminal18
Procedure Article 729.7 is hereby enacted to read as follows:19
Art. 716. Statements by the defendant , codefendants, and witnesses20
A. Upon written motion of the defendant, the court shall order the district21
attorney to disclose to the defendant, and to permit or authorize the defendant to22 ENROLLEDHB NO. 371
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inspect and copy, photograph or otherwise reproduce any relevant written or1
recorded confession or statement of any nature, including recorded testimony before2
a grand jury, or copy thereof, of the defendant in the possession, custody, control, or3
knowledge of the district attorney.4
B. Upon Except as provided by Paragraph C of this Article, upon written5
motion of the defendant, the court shall order the district attorney to inform the6
defendant of the existence, but not the contents, of any oral confession or statement7
of any nature made by the defendant or any codefendant which the district attorney8
intends to offer in evidence its case in chief at the trial, with the information as to9
when, where, and to whom such oral confession or statement was made.10
C. Upon written motion of the defendant, the court shall order the district11
attorney to inform the defendant of the substance of any oral statement made by the12
defendant or any codefendant which the state intends to offer in evidence made by13
the defendant its case in chief at the trial, whether before or after arrest, in response14
to interrogation by any person then known to the defendant or the codefendant to be15
a law enforcement officer.16
D. Upon written motion of the defendant, the court shall order the district17
attorney to disclose to the defendant, and to permit or authorize the defendant to18
inspect and copy any written or recorded statements of any witness the state intends19
to call in its case in chief at the trial. For purposes of this Article: (1) "written or20
recorded statement of a witness" shall mean any audio or audio-video recording of21
an oral statement or interview of a witness, and any statement a witness writes or22
signs; (2) for the purposes of this Article, "trial" shall mean the phase of the case at23
which the state attempts to meet its burden as to guilt, and specifically does not24
extend to pretrial matters or hearings, or to the penalty phase in capital prosecutions.25
The state need not provide the defendant any written or recorded statement of its26
witnesses until immediately prior to the opening statement at trial.27
E. Nothing in this Chapter shall be construed to require that testimony before28
a grand jury be recorded.29 ENROLLEDHB NO. 371
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F. Nothing contained in this Chapter shall obligate the state to provide to any1
defendant a witness list for any trial or pretrial matter.2
Art. 717. Disclosure by the state; criminal records of defendant and witnesses;3
inducements to the state's witnesses4
A. On Upon written motion of the defendant, the court shall order the district5
attorney to disclose, or to direct the appropriate law enforcement agency to disclose,6
and furnish to the defendant, the record of arrests and convictions of the defendant,7
any co-defendant codefendant, and any witness to be called by the state in its case8
in chief calls, or intends to call at trial.9
B. The district attorney shall also disclose any inducement offered by the10
district attorney, or by any law enforcement officer on behalf of the district attorney,11
to secure the testimony of the witness in the case in chief of the state to any state12
witness.13
C. The time for disclosure provided for by this Article shall be set by the14
court, provided that the district attorney shall not be required to disclose inducements15
or records of arrests and convictions until the commencement of trial. For any16
witness called by the state in its rebuttal case, the record of arrests and convictions17
of the rebuttal witness, and any inducement offered by the district attorney, or by any18
law enforcement officer on behalf of the district attorney, to secure testimony of the19
witness in the state's rebuttal case shall be disclosed immediately prior to the witness20
being sworn.21
D. The provisions of Article 729.7 of this Code regarding the protection of22
a witness's identity shall apply to this Article.23
Art. 718. Documents and tangible objects24
Subject to the limitation of Article 723 of this Code, and except as otherwise25
prohibited by law, on upon written motion of the defendant, the court shall order the26
district attorney to permit or authorize the defendant to inspect and copy, photograph27
or otherwise reproduce law enforcement reports created and known to the prosecutor28 ENROLLEDHB NO. 371
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made in connection with the particular case, and to permit or authorize the defendant1
or an expert working with the defendant, to inspect, copy, examine, test2
scientifically, photograph, or otherwise reproduce books, papers, documents,3
photographs, tangible objects, buildings, places, or copies or portions thereof that are4
within the possession, custody, or control of the state, and that :5
(1) are favorable to the defendant and that are material and relevant to the6
issue of guilt or punishment, or7
(2) are intended for use by the state as evidence at the trial, or8
(3) were obtained from or belong to the defendant.9
The court may determine whether evidence is subject to the provisions of are10
intended for use by the state as evidence in its case in chief at trial, or were obtained11
from or belong to the defendant.12
* * *13
Art. 719. Reports of examinations and tests14
A. Upon written motion of the defendant, the court shall order the district15
attorney to permit or authorize the defendant to inspect and copy, photograph, or16
otherwise reproduce any results or reports, or copies thereof, of a physical or mental17
examination, and of scientific tests or experiments, made in connection with or18
material to the particular case, that are in the possession, custody, control, or19
knowledge of the district attorney and intended for use at trial. If the witness20
preparing the report will be called as an expert, the report shall contain the witness's21
area of expertise, his qualifications, a list of materials upon which his conclusion is22
based, and his opinion and the reason therefor. If the expert witness has not reduced23
his results to writing, or if the expert witness's written report does not contain the24
information required of an expert as provided in this Article, the state must produce25
for the defendant a written summary containing any information required to be26
produced pursuant to this Article but absent from a written report, if any, including27
the name of the expert witness, his qualifications, a list of materials upon which his28
conclusion is based, and his opinion and the reason therefor.29
* * *30 ENROLLEDHB NO. 371
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Art. 720. Evidence of other crimes 1
Upon written motion of defendant, the court shall order the district attorney2
to inform the defendant of the state's intent to offer evidence of the commission of3
any other crime admissible under the authority of Louisiana Code of Evidence4
Article 404. Provided Articles 404 and 412.2 however, . However, that such order5
shall not require the district attorney to inform the defendant of the state's intent to6
offer evidence of offenses which relates to conduct that constitutes an integral part7
of the act or transaction that is the subject of the present proceeding or other crimes8
for which the accused was previously convicted.9
Art. 721. Statements of coconspirators10
Upon written motion of the defendant, the court shall order the district11
attorney to inform disclose to the defendant of the state's intent to use any written,12
recorded, or oral statements of coconspirators that the state intends to introduce in13
its case in chief pursuant to Louisiana Code of Evidence Article 801(D)(3)(b). 14
Art. 722. Confessions and inculpatory statements of codefendants 15
Upon written motion of the defendant, the court shall order the district16
attorney to permit or authorize the defendant to inspect and copy, photograph, or17
otherwise reproduce any relevant written or recorded confessions or inculpatory18
statements made by a codefendant and intended for use at trial. Exculpatory19
evidence shall be produced under this article even though it is not intended for use20
at trial. 21
Art. 723. State reports and other matters not subject to disclosure, favorable22
evidence 23
A. Except as specifically provided in Articles 716, 718, 721, and 722 this24
Chapter, this Chapter does not authorize the discovery or inspection of reports,25
memoranda, notes, or other internal state documents made by the district attorney or26
by agents of the state in connection with the investigation or prosecution of the case;27
or of statements made by witnesses or prospective witnesses, other than the28
defendant, to the district attorney, or to agents of the state. any document, notes, or29 ENROLLEDHB NO. 371
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other items which contain the mental impressions of any attorney for the state or any1
investigator working on behalf of such attorney.2
B. Notwithstanding any provision to the contrary contained herein, the state3
shall provide the defendant with any evidence constitutionally required to be4
disclosed pursuant to Brady v. Maryland, 373 U.S. 83 (1963) and its progeny.5
Art. 724. Documents and tangible objects 6
When the court grants relief sought by the defendant under Article 718 of this7
Code, it shall upon the motion of the district attorney, condition its order by8
requiring that the defendant to disclose to the state, and to permit or authorize the9
district attorney state, or an expert working with the state, to inspect and, copy,10
examine, test scientifically, photograph, or otherwise reproduce books, papers,11
documents, photographs, tangible objects, buildings, places, or copies, or portions12
thereof, that are in the possession, custody, or control of the defendant, and that the13
defendant intends to use in evidence at the trial.14
Art. 725. Reports of examinations and tests 15
When the court grants the relief sought by the defendant under pursuant to16
Article 719 of this Code, it shall, upon the written motion of the state, condition its17
order by requiring that the defendant to disclose to the state, and to permit or18
authorize the state, or an expert working with the state, to inspect and copy,19
photograph, or otherwise reproduce, and disclose to the district attorney any results20
of reports, or copies thereof, of physical and mental examinations and of scientific21
tests or experiments, of a similar nature, made in connection with the particular case,22
that are in the possession, custody, or control, or knowledge of the defendant, and23
that the defendant intends to intended for use as evidence at the trial or were24
prepared by a witness whom the defendant intends to call at the trial when such25
results or reports relate to his testimony. If the witness preparing the report will be26
called as an expert, the report shall contain the witness's area of expertise, his27
qualifications, a list of materials upon which his conclusion is based, and his opinion28
and the reason therefor. If the expert witness has not reduced his results or reports29
to writing, or if the expert witness's written report does not contain the information30 ENROLLEDHB NO. 371
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required of an expert as provided in this Article, the defendant must produce for the1
state a written summary containing any information required to be produced pursuant2
to this Article but absent from a written report, if any, including the name of the3
expert witness, his qualifications, a list of materials upon which his conclusion is4
based, and his opinion and the reason therefor.5
Art. 725.1. Disclosure by the defendant; names of defense witnesses6
A. If the defendant moves, pursuant to Article 717, for disclosure of the7
records of arrests and convictions of witnesses to be called by the state in its case in8
chief, the defendant shall disclose to the district attorney, prior to those witnesses9
being sworn, the name and date of birth of the witnesses to be called by the10
defendant in his case in chief.11
B. If the defendant moves, pursuant to Article 716(D), for disclosure of12
statements of witnesses to be called by the state in its case in chief, the defendant13
shall, upon motion by the state, disclose to the district attorney, and to permit or14
authorize the district attorney to inspect and copy any written or recorded statements15
of any witness the defendant intends to call at trial. For purposes of this Article: (1)16
"written or recorded statement of a witness" shall mean any audio or audio-video17
recording of an oral statement or interview of a witness, and any statement a witness18
writes or signs; and (2) for the purposes of this Article, "trial" shall mean the phase19
of the case at which the defense responds to the state's attempt to meet its burden as20
to guilt, and specifically does not extend to pretrial matters or hearings, or to the21
penalty phase in capital prosecutions.22
* * *23
Art. 728. Defense information and other matters not subject to disclosure 24
Except as to scientific or medical reports specifically provided in this25
Chapter, this Chapter does not authorize the discovery or inspection of reports,26
memoranda, notes, or other internal defense documents made by the defendant or his27
attorneys or by agents of the defendant in connection with the investigation or28 ENROLLEDHB NO. 371
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defense of the case; or of statements made by the defendant, or by witnesses or1
prospective witnesses to the defendant, his agents or attorneys; or of the names of2
defense witnesses or prospective defense witnesses. any document, notes, or other3
items which contain the mental impressions of any attorney for the defendant or any4
investigator working on behalf of such attorney.5
* * *6
Art. 729.7. Protection of witness identity7
A. Notwithstanding any other provision of law to the contrary, the district8
attorney or the defendant may delete or excise from any information required to be9
disclosed herein any information which identifies a witness if such party believes the10
witness's safety may be compromised by the disclosure. If a party objects to the11
deletion or excision, he must do so by written motion. The court shall maintain the12
deletion or excision if, at an ex parte proceeding which shall be recorded and13
maintained under seal, the party excising or deleting such information makes a prima14
facie showing that the witness's safety may be compromised by the disclosure.15
B. If the information excised by a party includes the substance, or any part16
thereof, of any written or recorded statement of the witness, that party must provide17
the excised substance, or any part thereof, to the other party immediately prior to the18
witness's testimony at the trial.19
C. If a judge finds that the party excising or deleting such information has20
failed to present prima facie proof to support the deletion or excision of information21
related to a witness, then upon the motion of either party, the court shall order an22
automatic stay of all matters related to the disclosure of information about the23
witness and maintain all proceedings under seal during the time while the moving24
party seeks supervisory review to the appropriate reviewing courts with appellate25
jurisdiction, including the Louisiana Supreme Court.26
D. The rules of evidence shall not be applicable to the ex parte proceedings27
conducted pursuant to this Article.28 ENROLLEDHB NO. 371
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Section 2. The provisions of this Act shall be become effective for cases billed or1
indicted on or after January 1, 2014, and shall be given prospective application from its2
effective date, unless the district attorney and the defendant stipulate otherwise in each3
particular case, in writing, on the record.4
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: