SLS 19RS-48 ORIGINAL
2019 Regular Session
SENATE BILL NO. 147
BY SENATOR BISHOP
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIMINAL RECORDS. Protects from disclosure certain information pertaining to criminal
investigations in the custody of Project NOLA. (8/1/19)
1 AN ACT
2 To enact R.S. 15:477.3, relative to competency of witnesses; to provide that certain images
3 and records in the custody of Project NOLA are not subject to disclosure to any court
4 or administrative body; to provide definitions; to provide relative to exceptions to
5 protection from disclosure; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 15:477.3 is hereby enacted to read as follows:
8 ยง477.3. Privileged images and communications in the custody of Project NOLA
9 A. As used in this Section, the following terms shall have the following
10 meanings unless the context clearly requires otherwise:
11 (1) "Project NOLA" means the private, nonprofit organization,
12 designated as exempt from federal income tax under Section 501(c)(3) of the
13 Internal Revenue Code, that operates a networked crime camera program and
14 provides crime cameras to residents, business owners, developers, associations,
15 and municipalities, and that receives crime camera video and other information
16 concerning suspected or alleged criminal activity, which information may be
17 forwarded to any appropriate law enforcement agency.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 147
SLS 19RS-48 ORIGINAL
1 (2) "Privileged communication" means information provided by any
2 person, in any manner whatsoever, to Project NOLA for the purpose of
3 reporting suspected or alleged criminal activity.
4 (3) "Image" means any photograph, film, videotape, digital recording,
5 still frame of a video or digital recording, or any other visual depiction or
6 portrayal of a person or object.
7 B. Project NOLA, or any official, employee, or agent thereof, shall not
8 be required to disclose, by way of testimony or otherwise, to any court or
9 administrative body, any image or any privileged communication received by
10 or in the custody of Project NOLA.
11 C. Any person arrested for or charged with a criminal offense may
12 petition the court for an in-camera inspection of an image or the records of a
13 privileged communication concerning the person received by or in the custody
14 of Project NOLA. The petition shall allege facts showing that such image or
15 records would provide evidence favorable to the defendant and relevant to the
16 issue of guilt or punishment. If the court determines that the person is entitled
17 to all or any part of such image or records, it may order production and
18 disclosure as it deems appropriate.
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.
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 147
SLS 19RS-48 ORIGINAL
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)
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.