HLS 14RS-1237 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 442
BY REPRESENTATIVE HAZEL
CRIMINAL/PROCEDURE: Provides relative to the recording of statements of protected
persons outside of the courtroom
AN ACT1
To amend and reenact R.S. 15:440.2(A)(1), relative to recorded statements of protected2
persons; to amend provisions regarding the authorization to record the statement of3
a protected person; to provide for the procedure by which a court may consent to the4
videotaped interview of protected persons; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 15:440.2(A)(1) is hereby amended and reenacted to read as follows:7
ยง440.2. Authorization8
A.(1) A court with original criminal jurisdiction or juvenile jurisdiction, by9
local court rule or by execution of a written protocol between the court and law10
enforcement agencies may, on its own motion or on motion of the district attorney,11
a parish welfare unit or agency, or the Department of Children and Family Services,12
or a Child Advocacy Center or Child Advocacy Program operating in the judicial13
district, may consent to the taking of videotaped interviews of protected persons as14
provided by R.S. 15:440.1 et seq. require that a statement of a protected person who15
may have been a witness to or victim of a crime be recorded on videotape. The16
adoption of a court rule or the execution of a written protocol by the court pursuant17
to the provisions of this Paragraph shall authorize the videotaping of any protected18
person without the necessity of the issuance of an order by the court in any19
individual case.20
* * *21 HLS 14RS-1237 ORIGINAL
HB NO. 442
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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)]
Hazel HB No. 442
Abstract: Authorizes the recording of statements of protected persons outside of the
courtroom by either local court rule or execution of a written protocol between the
court and several agencies.
Present law authorizes the court, on its own motion or on motion of the district attorney, a
parish welfare unit or agency, or the Dept. of Children and Family Services, to require that
a statement of a protected person be recorded on videotape.
Present law defines "protected person" as any person who is a victim of a crime or a witness
in a criminal proceeding and who is either under the age of 17 years or has a developmental
disability as defined in present law.
Proposed law amends present law to provide that the court may consent to the taking of
videotaped interviews of protected persons by local court rule or by the execution of a
written protocol between the court and law enforcement agencies, a parish welfare unit or
agency, DCFS, or a Child Advocacy Center or Child Advocacy Program operating in the
judicial district.
Proposed law further provides that the adoption of a court rule or the execution of a written
protocol by the court pursuant to the provisions of proposed law shall authorize the
videotaping of any protected person without the necessity of the issuance of an order by the
court in any individual case.
(Amends R.S. 15:440.2(A)(1))