Louisiana 2014 2014 Regular Session

Louisiana House Bill HB442 Comm Sub / Analysis

                    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))