HLS 25RS-722 ORIGINAL
2025 Regular Session
HOUSE BILL NO. 156
BY REPRESENTATIVES MACK AND COATES
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
DRUGS/ILLEGAL: Provides relative to the safe handling of fentanyl following an arrest
1 AN ACT
2To enact Code of Evidence Article 906 and R.S. 15:285, relative to the admission of
3 fentanyl into evidence; to provide for the exclusion of fentanyl from courthouses; to
4 provide for exceptions; to provide for safe handling procedures; and to provide for
5 related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. Code of Evidence Article 906 is hereby enacted to read as follows:
8 Art. 906. Authentication of fentanyl
9 A. For the purposes of this Section, "fentanyl" shall mean a mixture or
10 substance containing a detectable amount of fentanyl or its analogs, or carfentanil or
11 a mixture or substance containing a detectable amount of carfentanil or its analogs.
12 B.(1) A substance containing fentanyl shall be banned from entry into a
13 courthouse, including substances that have been collected as evidence and which
14 would otherwise be entered into evidence at a hearing or trial.
15 (2) A party wishing to establish the presence of fentanyl through evidence
16 shall be permitted to do so by providing an authenticated photograph of the fentanyl
17 and a certificate of analysis from a criminalistics laboratory operated by a law
18 enforcement agency which verifies the presence of fentanyl in the photographed
19 substance.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-722 ORIGINAL
HB NO. 156
1 (3) Any controlled substance listed in R.S. 40:964 or otherwise prohibited
2 by law that a party wishes to enter into evidence shall only be permitted inside a
3 courthouse with a certificate of analysis from a criminalistics laboratory operated by
4 a law enforcement agency verifying the substance contains no fentanyl.
5 (4) Persons who have a valid prescription for a medication containing
6 fentanyl shall be permitted to bring their medication into a courthouse upon
7 providing court security with a copy of the prescription before entry.
8 Section 2. R.S. 15:285 is hereby enacted to read as follows:
9 ยง285. Fentanyl prohibited in courthouses; exceptions
10 A. A judge presiding over a trial in which fentanyl is used as evidence may
11 allow the substance containing fentanyl to be brought into the courthouse if he deems
12 it necessary for the purposes of the trial. If a judge determines it necessary that a
13 party be permitted to bring a substance containing fentanyl into a courthouse, the
14 substance shall be packaged and handled only by law enforcement officers who have
15 been trained to handle controlled dangerous substances.
16 B. If a substance containing fentanyl is allowed to be brought into a
17 courthouse, the law enforcement agency which has custody of the substance shall
18 notify court security not less than one day before the substance is brought into the
19 courthouse. The notification shall specify the case in which the substance serves as
20 evidence.
21 C. Under no circumstances shall a substance or package containing fentanyl
22 be handled or accepted for safekeeping by a clerk of court or any officer of the court
23 who is not a law enforcement officer who has been trained to handle controlled
24 dangerous substances. Following the presentation of evidence containing fentanyl,
25 the substance shall be returned to the officer or agent of the law enforcement agency
26 that has custody of the substance, and the officer or agent shall notify court security
27 when he leaves the courthouse with the substance.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 25RS-722 ORIGINAL
HB NO. 156
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 156 Original 2025 Regular Session Mack
Abstract: Prohibits the physical presence of fentanyl in courthouses and provides for
evidence procedures and exceptions.
Present law permits fentanyl to be brought into courthouses as evidence during trials.
Proposed law prohibits bringing fentanyl into courthouses when it is used as evidence.
Proposed law provides for methods of introducing fentanyl into evidence without bringing
the substance into a courthouse.
Proposed law provides judges with discretion to allow fentanyl in the courthouse when
necessary for the purposes of trial.
Proposed law provides that the law enforcement agency shall notify court security when
fentanyl is brought into the courthouse as evidence.
Proposed law provides that only a law enforcement officer who has been trained to handle
controlled dangerous substances shall handle fentanyl when being used as evidence during
the trial.
(Adds C.E. Art. 906 and R.S. 15:285)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.