Louisiana 2024 2024 Regular Session

Louisiana House Bill HB443 Comm Sub / Analysis

                    SSHB443 4747 4666
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 443	2024 Regular Session	Coates
CIVIL/LAW:  Provides relative to confidentiality of records in cases involving certain
protected persons
Synopsis of Senate Amendments
1.Makes technical changes.
Digest of Bill as Finally Passed by Senate
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 be made only 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. Arts. 328.1
and 328.2)
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