RÉSUMÉ DIGEST
ACT 384 (HB 361) 2022 Regular Session Marino
Existing law (C.Cr.P. Art. 161) authorizes a judge, except as provided in existing law, to
issue a warrant authorizing the search for and seizure of anything within the territorial
jurisdiction of the court which:
(1)Has been the subject of theft.
(2)Is intended for use or has been used as a means of committing an offense.
(3)May constitute evidence tending to prove the commission of an offense.
New law retains existing law and adds an exception for a judge to issue a search warrant for
medical records outside of the territorial jurisdiction of the court.
Existing law (C.Cr.P. Art. 163) provides that a search warrant cannot be lawfully executed
after the expiration of the 10th day after its issuance, unless authorized by existing law.
New law adds an exception to existing law for search warrants for medical records.
New law authorizes a judge to issue a search warrant for the search for and seizure of
medical records of any person. Provides that the warrant may be issued by a judge of either
the court of territorial jurisdiction where the investigation for the medical records is being
conducted or the court of territorial jurisdiction where the custodian of the medical records
may be found. The warrant may be executed in any place the medical records may be found
and shall be directed to any peace officer who shall obtain and distribute the medical records
as directed in the warrant.
New law provides that a search warrant for medical records remains in effect for 180 days
after its issuance.
New law provides that any examination of any medical records seized pursuant to new law
shall be at the direction of the attorney general, the district attorney, or the investigating
agency. Further provides that any examination of the medical records may be conducted at
any time before or during the pendency of any criminal proceeding in which the medical
records may be used as evidence.
Effective August 1, 2022.
(Amends C.Cr.P. Arts. 161(A)(intro. para.) and 163(C); Adds C.Cr.P. Art. 163.2)