ENROLLED
2022 Regular Session
HOUSE BILL NO. 361
BY REPRESENTATIVE MARINO
1 AN ACT
2 To amend and reenact Code of Criminal Procedure Articles 161(A)(introductory paragraph)
3 and 163(C) and to enact Code of Criminal Procedure Article 163.2, relative to search
4 warrants; to provide relative to search warrants for medical records; to authorize the
5 issuance of a search warrant for medical records of any person; to provide for
6 procedures for the execution of such warrants; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. Code of Criminal Procedure Articles 161(A)(introductory paragraph) and
9 163(C) are hereby amended and reenacted and Code of Criminal Procedure Article 163.2 is
10 hereby enacted to read as follows:
11 Art. 161. Property subject to seizure
12 A. Except as authorized by Article 163.1 or 163.2, a judge may issue a
13 warrant authorizing the search for and seizure of any thing within the territorial
14 jurisdiction of the court which:
15 * * *
16 Art. 163. Officer to whom directed; time for execution; electronic devices
17 * * *
18 C. Except as authorized by Article 163.1 or 163.2, or as otherwise provided
19 in this Article, or as otherwise provided by law, a search warrant cannot be lawfully
20 executed after the expiration of the tenth day after its issuance.
21 * * *
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HB NO. 361 ENROLLED
1 Art. 163.2. Search warrant for medical records
2 A. A judge may issue a search warrant authorizing the search for and seizure
3 of the medical records of any person.
4 B. The warrant may be issued by a judge of either the court of territorial
5 jurisdiction where the investigation for the medical records is being conducted or the
6 court of territorial jurisdiction where the custodian of the medical records may be
7 found. The warrant may be executed in any place the medical records may be found
8 and shall be directed to any peace officer who shall obtain and distribute the medical
9 records as directed in the warrant.
10 C. A warrant issued pursuant to this Article remains in effect for one
11 hundred eighty days after its issuance.
12 D.(1) Any examination of any medical records seized pursuant to the
13 provisions of this Article shall be at the direction of the attorney general, the district
14 attorney, or the investigating agency.
15 (2) Notwithstanding any other provision of law to the contrary, any
16 examination of the medical records may be conducted at any time before or during
17 the pendency of any criminal proceeding in which the medical records may be used
18 as evidence.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.