The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Alden A. Clement Jr.
DIGEST
SB 384 Engrossed 2020 Regular Session Reese
Present law provides that it is unlawful for a person who is either a principal or accessory to a crime
to obtain an image of the commission of the crime using any camera or other image recording device
and to transfer that image by the use of a computer online service or other means of electronic
communication for the purpose of gaining notoriety, publicity, or the attention of the public, subject
to certain present law exceptions.
Proposed law retains present law.
Present law provides that after the institution of prosecution for the crime of unlawful posting of
criminal activity, access to any material seized as evidence of this offense is to be in accordance with
present law relative to access to evidence of certain offenses.
Proposed law makes a technical change to present law relative to the citation of present law
regarding access and disposition of evidence of certain offenses, and otherwise retains present law.
Present law provides that any evidence resulting from the commission of unlawful filming or
recording criminal activity is contraband.
Proposed law retains present law and adds that the court, upon motion of the district attorney and
after a contradictory hearing, may order the destruction of the contraband after it is determined that
it is no longer needed as evidence.
Present law provides that in any criminal proceeding, any property or material that is alleged to
constitute evidence of the present law crimes of obscenity, video voyeurism, or pornography
involving juveniles must remain in the care, custody, and control of the investigating law
enforcement agency, the court, or the district attorney. Present law further provides that the court is
to deny any request by the defendant to copy or otherwise reproduce any property or material that
is alleged to constitute evidence of these present law crimes, provided that the district attorney makes
the property or material reasonably available to the defendant.
Proposed law retains present law and adds that evidence of the present law crime of unlawful posting
of criminal activity for notoriety and publicity is also subject to present law relative to access to
evidence of certain crimes.
Effective August 1, 2020.
(Amends C.Cr.P. Art. 718.1(A) and (B) and R.S. 14:107.4(D) and (E))