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)]
HB 457 Original 2020 Regular Session Marino
Abstract: Requires the recording of grand jury proceedings except when the grand jury is
deliberating or voting; and, unless otherwise ordered by the court, requires the attorney
representing the state to retain control of the recording.
Present law provides that only certain persons may be present at the sessions of a grand jury
including a person sworn to record the proceedings of and the testimony given before the grand jury.
Present law further provides that no person, other than a grand juror, shall be present while the grand
jury is deliberating and voting.
Proposed law retains present law and requires all proceedings of the grand jury to be recorded except
while the grand jury is deliberating or voting. Proposed law further provides that the validity of the
prosecution shall not be affected by the unintentional failure to make a recording of the proceedings.
Proposed law provides that if a transcript of the recording is requested to be produced by any party,
the requesting party shall pay the cost of having the recording transcribed.
Proposed law provides that, unless the court orders otherwise, the attorney representing the state
shall retain control of the recording, the court reporter's notes, and any transcript prepared from the
court reporter's notes.
(Amends C.Cr.P. Art. 433(A) and (C); Adds C.Cr.P. Art. 433(D))