Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB571 Engrossed / Bill

                    SLS 14RS-1252	REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 571
BY SENATOR WALSWORTH 
PUBLIC DEFENDER. Provides for the disclosure of certain documents by the district
attorney prior to trial.  (8/1/14)
AN ACT1
To amend and reenact Code of Criminal Procedure Art. 717(C), relative to public defenders;2
to provide for the disclosure of inducements or records of arrests and convictions;3
and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Criminal Procedure Art. 717(C) is hereby amended and reenacted6
to read as follows:7
Art. 717. Disclosure by the state; criminal records of defendant and witnesses;8
inducements to the state's witnesses9
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C. The time for disclosure provided for by this Article shall be set by the11
court, provided that the district attorney shall not be required to disclose inducements12
or records of arrests and convictions until no later than thirty days prior to the13
commencement of trial. For any witness called by the state in its rebuttal case, the14
record of arrests and convictions of the rebuttal witness, and any inducement offered15
by the district attorney, or by any law enforcement officer on behalf of the district16
attorney, to secure testimony of the witness in the state's rebuttal case shall be17 SB NO. 571
SLS 14RS-1252	REENGROSSED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
disclosed immediately prior to the witness being sworn.1
*          *          *2
The original instrument was prepared by Alden A. Clement, Jr. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Dawn Romero Watson.
DIGEST
Walsworth (SB 571)
Present law provides that upon a written motion of the defendant, the court shall order the
district attorney (or the law enforcement agency) to disclose to the defendant, the record of
arrests and convictions of the defendant, any codefendant, and any witness the state calls or
intends to call at trial. Also requires the disclosure to the defendant and inducements offered
by the district attorney (or law enforcement officer on behalf of the district attorney) to any
state witness.
Proposed law retains present law.
Present law provides that the disclosure shall be set by the court, but shall not be required
prior to the commencement of trial, or for any rebuttal witness, such disclosure shall be
immediately prior to the witness being sworn in.
Proposed law changes the timing of the disclosure from not prior to the commencement of
trial to no later than 30 days prior to commencement of trial. Proposed law retains present
law as to the timing of disclosure for rebuttal witnesses.
Effective August 1, 2014.
(Amends C.Cr.P. Art. 717(C))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary B to the
original bill
1. Adds provisions regarding the timing of the disclosure to a defendant of
certain records of arrests and convictions and any inducements.
Senate Floor Amendments to engrossed bill
1. Removes certain provisions regarding the Louisiana Bureau of Criminal
Identification and Information.