RDCSB384 2697 2270
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)]
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. However, proposed law provides that
the contraband shall be presumed necessary as evidence if an appeal of the conviction is
pending, if the convicted person is pursuing post-conviction remedies, or the time for
pursuing an appeal or post-conviction remedies has not expired.
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))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Administration of
Criminal Justice to the engrossed bill:
1. Add that, for purposes of proposed law, contraband shall be presumed necessary
as evidence if an appeal of the conviction is pending, if the convicted person is
pursuing post-conviction remedies, or the time for pursuing an appeal or post-
conviction remedies has not expired.
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