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)]
HB 443 Reengrossed 2024 Regular Session Coates
Abstract: Establishes procedures for subpoenas of videos of protected persons.
Proposed law provides that courts with civil or family jurisdiction or administrative law judges may
authorize the issuance of a subpoena duces tecum for the production of a videotape of a protected
person made pursuant to proposed law for good cause shown.
Proposed law requires the subpoena duces tecum to order the videotape of the protected person be
returnable to the court for inspection. Proposed law also provides that if the court determines that
the videotape is relevant and necessary to the case, the court may order that the videotape be
disclosed to the attorneys of record for each party subject to a protective order pursuant to proposed
law.
Proposed law requires certain information be included in the protective order. Proposed law states
that violations of proposed law are punishable as contempt of court.
Proposed law does not prevent Dept. of Children and Family Services or law enforcement from
sharing information as authorized or required by state or federal law.
Proposed law provides that files, reports, records, communications, working papers, or videotaped
interviews used or developed in providing services under Title V, Part II of the Children's Code are
confidential and not subject to the Public Records Law.
Proposed law provides that disclosure of any files, reports, records, communications, or working
papers of a child advocacy center may only be made pursuant to Ch.C. Art. 525 or by order of the
juvenile court of competent jurisdiction pursuant to Ch.C. Art. 412.
Proposed law also provides that disclosure of videotaped interviews of protected persons shall be
disclosed either pursuant to R.S. 15:440.1, et seq. or Ch.C. Art. 322, et seq.
(Amends R.S. 44:4.1(B)(8) and (39); Adds R.S. 15:440.7 and 440.8 and Ch.C. Art. 328.1 and 328.2)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Civil Law and Procedure to the
original bill: 1. Make technical changes.
2. Provide that if the court determines that a videotape is relevant and necessary to the case,
the court may order in writing that the videotape be disclosed to the attorneys of record
for each party subject to a protective order.
The Committee Amendments Proposed by House Committee on House and Governmental
Affairs to the engrossed bill:
1. Add a reference in the Public Records Law to the public records exception established
in proposed law.