ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
ACT No. 647
Regular Session, 2014
HOUSE BILL NO. 1073 (Substitute for House Bill No. 442 by Representative Hazel)
BY REPRESENTATIVES HAZEL AND NORTON
AN ACT1
To amend and reenact R.S. 15:440.2(A)(1) and Children's Code Article 324(A), relative to2
recorded statements of protected persons; to amend provisions regarding the3
authorization to record the statement of a protected person; to authorize the recording4
of statements of protected persons without the necessity of a court order by either5
local court rule or execution of a written protocol; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 15:440.2(A)(1) is hereby amended and reenacted to read as follows:8
ยง440.2. Authorization9
A.(1) A court with original criminal jurisdiction or juvenile jurisdiction may,10
on its own motion or on motion of the district attorney, a parish welfare unit or11
agency, or the Department of Children and Family Services, require that a statement12
of a protected person who may have been a witness to or victim of a crime be13
recorded on videotape by any of the following:14
(a) Motion of the court or motion of the district attorney, a parish welfare15
unit or agency, the Department of Children and Family Services, or a child advocacy16
center operating in the judicial district.17
(b) Adoption of a local court rule that authorizes the videotaping of any18
protected person without the necessity of the issuance of an order by the court in any19
individual case.20
(c) Execution of a written protocol between the court and law enforcement21
agencies, a parish welfare unit or agency, the Department of Children and Family22
Services, or a child advocacy center operating in the judicial district that authorizes23 ENROLLEDHB NO. 1073
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
the videotaping of any protected person without the necessity of the issuance of an1
order by the court in any individual case.2
* * *3
Section 2. Children's Code Article 324(A) is hereby amended and reenacted to read4
as follows:5
Art. 324. Authorization6
A. A court exercising juvenile jurisdiction may, on its own motion or on the7
motion of the district attorney, a parish welfare unit or agency, or the department,8
require that a statement of a protected person be recorded on videotape in conformity9
with Article 326 by any of the following:10
(1) Motion of the court or motion of the district attorney, a parish welfare11
unit or agency, the Department of Children and Family Services, or a child advocacy12
center operating in the judicial district.13
(2) Adoption of a local court rule that authorizes the videotaping of any14
protected person without the necessity of the issuance of an order by the court in any15
individual case.16
(3) Execution of a written protocol between the court and law enforcement17
agencies, a parish welfare unit or agency, the Department of Children and Family18
Services, or a child advocacy center operating in the judicial district that authorizes19
the videotaping of any protected person without the necessity of the issuance of an20
order by the court in any individual case.21
* * *22
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: