2020 Regular Session ENROLLED
SENATE BILL NO. 384
BY SENATOR REESE
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Art. 718.1(A) and (B) and R.S.
3 14:107.4(D) and (E), relative to the crime of unlawful posting of criminal activity for
4 notoriety and publicity; to provide relative to access to evidence of the crime; to
5 provide relative to the disposition of evidence of the crime; and to provide for related
6 matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Art. 718.1(A) and (B) are hereby amended
9 and reenacted to read as follows:
10 Art. 718.1. Evidence of obscenity, video voyeurism, or pornography involving
11 juveniles, or unlawful posting of criminal activity for notoriety
12 and publicity; prohibition on reproduction of pornography involving
13 juveniles
14 A. In any criminal proceeding, any property or material that is alleged to
15 constitute evidence of obscenity as defined in R.S. 14:106(A)(2) that is unlawfully
16 possessed, video voyeurism as defined in R.S. 14:283, or pornography involving
17 juveniles as defined in R.S. 14:81.1, or unlawful posting of criminal activity for
18 notoriety and publicity as defined in R.S. 14:107.4, shall remain in the care,
19 custody, and control of the investigating law enforcement agency, the court, or the
20 district attorney.
21 B. Notwithstanding any other provision of law to the contrary, the court shall
22 deny any request by the defendant to copy, photograph, duplicate, or otherwise
23 reproduce any property or material that is alleged to constitute evidence of obscenity
24 as defined in R.S. 14:106(A)(2) that is unlawfully possessed, video voyeurism as
25 defined in R.S. 14:283, or pornography involving juveniles as defined in R.S.
26 14:81.1, or unlawful posting of criminal activity for notoriety and publicity as
ACT No. 353
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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. 384 ENROLLED
1 defined in R.S. 14:107.4, provided that the district attorney makes the property or
2 material reasonably available to the defendant.
3 * * *
4 Section 2. R.S. 14:107.4(D) and (E) are hereby amended and reenacted to read as
5 follows:
6 ยง107.4. Unlawful posting of criminal activity for notoriety and publicity
7 * * *
8 D. After the institution of prosecution, access to, and the disposition of any
9 material seized as evidence of this offense shall be in accordance with R.S. 46:1845
10 Code of Criminal Procedure Article 718.1.
11 E. Any evidence resulting from the commission of unlawful filming or
12 recording criminal activity shall be contraband. The court, upon motion of the
13 district attorney and after a contradictory hearing, may order the destruction
14 of the contraband after it is determined that it is no longer needed as evidence.
15 The contraband shall be presumed to be necessary as evidence if an appeal of
16 the conviction is pending, if the convicted person is pursuing post-conviction
17 remedies, or if the time for pursuing an appeal or post-conviction remedies has
18 not expired.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.