Louisiana 2019 2019 Regular Session

Louisiana Senate Bill SB147 Comm Sub / Analysis

                    The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 147 Original	2019 Regular Session	Bishop
Proposed law provides that neither Project NOLA, nor any official, employee, or agent thereof, can
be required to disclose, by way of testimony or otherwise, to any court or administrative body, any
image or any privileged communication received by or in the custody of Project NOLA.
Proposed law defines "Project NOLA" as the private, nonprofit organization, designated as exempt
from federal income tax under Section 501(c)(3) of the Internal Revenue Code, that operates a
networked crime camera program and provides crime cameras to residents, business owners,
developers, associations, and municipalities, and that receives crime camera video and other
information concerning suspected or alleged criminal activity, which information may be forwarded
to any appropriate law enforcement agency.
Proposed law defines "privileged communication" as information provided by any person, in any
manner whatsoever, to Project NOLA for the purpose of reporting suspected or alleged criminal
activity.
Proposed law defines "image" as any photograph, film, videotape, digital recording, still frame of
a video or digital recording, or any other visual depiction or portrayal of a person or object.
Proposed law provides that a person arrested or charged with a crime may petition the court for an
in-camera inspection of an image or records of a privileged communication concerning such person
that are in the custody of Project NOLA. Proposed law further provides that the petition must allege
that such image or records would provide evidence favorable to the defendant and relevant to the
issue of guilt or punishment. Proposed law further provides that if the court determines that the
person is entitled to all or any part of such image or records, it may order production and disclosure
as it deems appropriate.
Effective August 1, 2019.
(Adds R.S. 15:477.3)