reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:301. Remittance of fine or imprisonment

RS 15:301 - Remittance of fine or imprisonment
Any fine or imprisonment, imposed for violation of state laws or municipal or parish ordinances, which is alleged to be excessive or that for any reason should be abated or remitted in whole or in part shall be abated or remitted in the following manner:
Fines or imprisonment imposed under state laws shall be abated or remitted in the manner directed by law.
Fines or imprisonment imposed under ordinances of police juries may be abated or remitted only upon the recommendation of the judge of the parish and the consent of the police jury.
Fines or imprisonment imposed under ordinances of any city or other municipal corporation may be remitted only upon the recommendation of the mayor or other chief magistrate and the consent of the least numerous branch of the municipal legislative body.
Acts 1966, No. 311, §2, eff. Jan. 1, 1967.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:301.1. Sentences without benefit of probation, parole, or suspension of sentence; correction

RS 15:301.1 - Sentences without benefit of probation, parole, or suspension of sentence; correction
A. When a criminal statute requires that all or a portion of a sentence imposed for a violation of that statute be served without benefit of probation, parole, or suspension of sentence, each sentence which is imposed under the provisions of that statute shall be deemed to contain the provisions relating to the service of that sentence without benefit of probation, parole, or suspension of sentence. The failure of a sentencing court to specifically state that all or a portion of the sentence is to be served without benefit of probation, parole, or suspension of sentence shall not in any way affect the statutory requirement that all or a portion of the sentence be served without benefit of probation, parole, or suspension of sentence.
B. If a sentence is inconsistent with statutory provisions, upon the court's own motion or motion of the district attorney, the sentencing court shall amend the sentence to conform to the applicable statutory provisions. The district attorney shall have standing to seek appellate or supervisory relief for the purpose of amending the sentence as provided in this Section.
C. The provisions of this Section shall apply to each provision of law which requires all or a portion of a criminal sentence to be served without benefit of probation, parole, or suspension of sentence, or of any one of them, any combination thereof, or any substantially similar provision or combination of substantially similar provisions.
D. Any amendment to any criminal sentence as authorized by the provisions of this Section shall be completed within one hundred eighty days of the initial sentencing.
Acts 1999, No. 94, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:302. Sentences to prison districts; persons excluded

RS 15:302 - Sentences to prison districts; persons excluded
Whenever prison districts have been established the rules of sentencing set forth below shall be followed:
(1) The following persons shall be sentenced to prison districts:
(a) All persons convicted of misdemeanors and sentenced to imprisonment by any state court within the judicial district.
(b) All persons convicted of violations of state or parish laws by any municipal court within the judicial district.
(2) The following persons may be sentenced to prison districts:
(a) Persons convicted of felonies by any state court within the judicial district notwithstanding the conviction ordinarily requires imprisonment in the penitentiary.
(b) Persons convicted of violations of municipal ordinances and sentenced to imprisonment by the municipal courts of those municipalities which have contracted with the governing authority of the prison district for the keeping of such persons.
(3) The following persons shall not be imprisoned in any prison district:
(a) Persons sentenced to life imprisonment.
(b) Persons convicted of treason, aggravated or first degree rape, simple or third degree rape, aggravated or simple arson, or aggravated or simple kidnapping.
(c) Bank and homestead officials convicted of theft by reason of misusing funds of depositors or other funds entrusted to them.
(d) Notaries public who are defaulters.
(e) Second or third offenders.
(f) Persons whose sentences exceed five years.
Acts 1966, No. 311, §2, eff. Jan. 1, 1967. Amended by Acts 1975, No. 419, §1; Acts 2015, No. 184, §2.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:303. Maximum fine or imprisonment when not specified

RS 15:303 - Maximum fine or imprisonment when not specified
Whenever the punishment of fine and imprisonment are left by law to the discretion of any court, the fine shall not exceed one thousand dollars, nor the imprisonment two years.
Acts 1966, No. 311, §2, eff. Jan. 1, 1967.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:304. Expenses to be paid by parishes; juror's fee in city of New Orleans

RS 15:304 - Expenses to be paid by parishes; juror's fee in city of New Orleans
All expenses incurred in the different parishes of the state or in the city of New Orleans by the arrest, confinement, and prosecution of persons accused or convicted of crimes, their removal to prison, the pay of witnesses specifically provided for by law, jurors and all prosecutorial expenses whatever attending criminal proceedings shall be paid by the respective parishes in which the offense charged may have been committed or by the city of New Orleans, as the case may be. The expenses shall be paid by the parish treasurer or by the city of New Orleans after an account of the expenses shall be duly certified to be correct by the presiding judge and the clerk of court. The fees, salaries, and expenses to be paid shall be fixed and regulated by the parish or city authority unless otherwise provided by law; however, those persons serving as jurors in the trial of criminal cases in the city of New Orleans shall be entitled to compensation of sixteen dollars for each and every day or part of a day on which they serve as jurors in any criminal case to be paid by the city of New Orleans; provided further that this shall not become effective until the council of the city of New Orleans will have appropriated sufficient funds for this purpose. Notwithstanding the provisions of this Section, the city of New Orleans shall only pay the above expenses after the special account created pursuant to R.S. 15:571.11(D), and to the extent authorized thereby, shall have been depleted. Nothing in this Section shall be construed to make the parishes or the city of New Orleans responsible for the expenses associated with the costs, expert fees, or attorney fees of a defendant in a criminal proceeding.
Acts 1966, No. 311, §2, eff. Jan. 1, 1967. Amended by Acts 1968, No. 541, §1; Acts 1975, No. 233, §2; Acts 1979, No. 156, §1, eff. July 3, 1979; Acts 1994, 3rd Ex. Sess., No. 81, §1, eff. July 7, 1994.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:306. Operating a vehicle while intoxicated; additional conditions of probation; ignition interlock devices

RS 15:306 - Operating a vehicle while intoxicated; additional conditions of probation; ignition interlock devices
A.(1) As an additional condition of probation, the court shall require that any person convicted of a second or subsequent violation of R.S. 14:98 and placed on probation in accordance with that Section shall not operate a motor vehicle during the period of probation unless any vehicle, while being operated by that person, is equipped with a functioning ignition interlock device as provided in R.S. 15:307.
(2) However, nothing in this Section shall be construed as granting a superior right to a restricted license than that provided in R.S. 32:378.2 with regard to any period of preliminary disqualification.
B.(1) When the court imposes the use of an ignition interlock device as a condition of probation upon a person, the court shall require the person to provide proof of installation of such a device to the court or a probation officer within thirty days. If the person fails to provide proof of installation within that period, absent a finding by the court of good cause for that failure which is entered into the court record, the court shall revoke the person's probation.
(2) "Proof of installation" shall mean either a certificate of installation or a copy of the lease agreement with one of the approved ignition interlock device companies.
C. The person whose driving privileges are restricted pursuant to this Section shall have the system on his vehicle monitored by the manufacturer for proper use at least semiannually or more frequently as the court may order. A report of any monitoring shall be issued by the manufacturer to the court within fourteen days after the monitoring.
D. If a person is required in the course and scope of his employment to operate a motor vehicle which does not have an approved ignition interlock device, and if the vehicle is owned by the employer, the court may allow the person to operate the employer's vehicle. Any person authorized to operate an employer's vehicle without an ignition interlock device shall be required to obtain and present to the court written permission from the employer for the employee to operate a specific vehicle or vehicles. Such permission shall be in the possession of such person when he operates the employer's vehicle. A motor vehicle owned by a business entity which is in whole or in part owned or controlled by a person otherwise subject to this Section is not a motor vehicle owned by the employer.
Acts 1992, No. 982, §1, eff. Jan. 1, 1993; Acts 1997, No. 581, §1; Acts 2000, 1st Ex. Sess., No. 139, §2; Acts 2003, No. 535, §2; Acts 2004, No. 903, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:307. Ignition interlock devices; installation and certification

RS 15:307 - Ignition interlock devices; installation and certification
A. As used in R.S. 15:306, "ignition interlock device" means a constant monitoring device that prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol level of the operator through the taking of a breath sample for testing. The system shall be calibrated so that the motor vehicle may not be started if the blood alcohol level of the operator, as measured by the test, reaches a level established by the court and consistent with the rules promulgated by the secretary of the Department of Public Safety and Corrections, hereafter referred to as the "secretary".
B.(1) The secretary shall certify or cause to be certified ignition interlock devices required by R.S. 15:306 and shall publish a list of approved devices. All reasonable costs of certification shall be borne by the manufacturer. The manufacturer of the system shall be responsible for the installation or the training of installers and shall educate users and service and maintain the system.
(2) The ignition interlock device shall be installed, calibrated, and monitored directly by trained technicians who shall train the offender for whom the device is being installed in the proper use of the device.
C. The secretary shall formulate and promulgate a set of rules and regulations for the proper approval, installation, and use of ignition interlock devices in full compliance with this Section and R.S. 15:306. The standards shall include but not be limited to requirements that the devices or systems:
(1) Do not impede the safe operation of the vehicle.
(2) Correlate with established measures of alcohol impairment.
(3) Work accurately and reliably in an unsupervised environment.
(4) Resist tampering and give evidence if tampering is attempted.
(5) Are difficult to circumvent.
(6) Minimize inconvenience to a sober user.
(7) Require a proper, deep lung breath sample or other accurate measure of blood alcohol content equivalence.
(8) Operate reliably over the range of automobile environments.
(9) Are manufactured by a party who will provide product liability insurance and a bond against malfunction of the device.
D. The secretary may adopt in whole or relevant part the guidelines, rules, regulations, studies, or independent laboratory tests performed or relied upon by other states, their agencies or commissions.
E. The secretary shall design and adopt by regulation a warning label which shall be affixed to each ignition interlock device upon installation. The label shall contain a warning that any person tampering with, defeating, or otherwise circumventing the device is guilty of a criminal offense and subject to criminal penalty and civil liability.
Acts 1992, No. 982, §1, eff. Jan. 1, 1993; Acts 2003, No. 800, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:308. Ameliorative penalty provisions; retroactivity; amendment of sentence; time limitations

RS 15:308 - Ameliorative penalty provisions; retroactivity; amendment of sentence; time limitations
A.(1) The legislature hereby declares that the provisions of Act No. 403 of the 2001 Regular Session of the Legislature provided for more lenient penalty provisions for certain enumerated crimes and that these penalty provisions were to be applied prospectively.
(2) The legislature hereby further declares that Act No. 45 of the 2002 First Extraordinary Session of the Legislature revised errors in penalty provisions for certain statutes which were amended by Act No. 403 of the 2001 Regular Session of the Legislature and that these revisions were to be applied retroactively to June 15, 2001, and applied to any crime committed subject to such revised penalties on and after such date.
B. In the interest of fairness in sentencing, the legislature hereby further declares that the more lenient penalty provisions provided for in Act No. 403 of the 2001 Regular Session of the Legislature and Act No. 45 of the 2002 First Extraordinary Session of the Legislature shall apply to the class of persons who committed crimes, who were convicted, or who were sentenced according to the following provisions: R.S. 14:56.2(D), 62.1(B) and (C), 69.1(B)(2), 70.1(B), 82(D), 91.7(C), 92.2(B), 92.3(C), 106(G)(2)(a) and (3), 106.1(C)(2), 119(D), 119.1(D), 122.1(D), 123(C)(1) and (2), 352, and 402.1(B), R.S. 15:529.1(A)(1)(b)(ii) and (c)(ii), 1303(B), and 1304(B), R.S. 27:262(C), (D), and (E), 309(C), and 375(C), R.S. 40:966(B), (C)(1), (D), (E), (F) and (G), 967(B)(1), (2), (3), and (4)(a) and (b), and (F)(1), (2), and (3), 979(A), 981, 981.1, 981.2(B) and (C), and 981.3(A)(1) and (E), and Code of Criminal Procedure Article 893(A) prior to June 15, 2001, provided that such application ameliorates the person's circumstances.
C. Such persons shall be entitled to apply to the committee on parole pursuant to R.S. 15:574.2.
Acts 2006, No. 45, §1, eff. May 16, 2006; Acts 2012, No. 123, §1; Acts 2014, No. 340, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:324. Officers; meetings; staff

RS 15:324 - Officers; meetings; staff
A. The governor shall designate one voting member to serve as chairman at the pleasure of the governor. The chairman shall serve as chief executive officer of the commission.
B. The domicile of the commission shall be in Baton Rouge. The commission shall hold public meetings monthly except as otherwise provided by vote of the commission or by order of the chairman.
C. A simple majority of the voting membership of the commission shall constitute a quorum for the transaction of business.
D. The Louisiana Commission on Law Enforcement and Administration of Criminal Justice shall provide to the sentencing commission such clerical, administrative, and technical assistance and support as may be necessary in order to enable the sentencing commission to accomplish its goals.
Acts 1987, No. 158, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:325. Twenty-Second Judicial District Court; sentencing policy

RS 15:325 - Twenty-Second Judicial District Court; sentencing policy
It is the sentencing policy of the Twenty-Second Judicial District Court that the primary objective of sentencing shall be to maintain public safety, hold offenders accountable, reduce recidivism and criminal behavior, and improve potential outcomes for those offenders who are sentenced. Reduction of recidivism and criminal behavior is a key measure of the performance of the criminal justice system.
Acts 2013, No. 347, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:327. Use of assessment tool and report

RS 15:327 - Use of assessment tool and report
A. The presentence investigation validated risk and needs assessment tool and evaluation report may be utilized by the sentencing court prior to determining an appropriate sentence, in order to evaluate the defendant's risk of committing future offenses and to reduce the recidivism of the defendant.
B. The presentence investigation assessment tool and evaluation report may also be used to determine eligibility or suitability of the defendant for any available specialty court.
C. Nothing in this Chapter shall be construed to confer upon the defendant any substantive, procedural or appellate right, or any additional post-conviction right or remedy.
Acts 2013, No. 347, §1; Acts 2014, No. 296, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:423. Proof of registration of physicians and surgeons

RS 15:423 - Proof of registration of physicians and surgeons
The list of the registered physicians and surgeons in this state published by the Department of Health and Human Resources and duly certified by the secretary of said office shall be received by the courts of the state as proof that the physicians and surgeons therein named are duly registered as required by law, provided that this method of proof shall not be considered exclusive.
Amended by Acts 1977, No. 247, §2; Acts 1978, No. 786, §2, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:427. Recitals in act of protest of commercial paper

RS 15:427 - Recitals in act of protest of commercial paper
Whenever any commercial paper shall have been protested, either in or out of this state, for nonpayment, the act of protest, or a certified copy thereof, shall be prima facie evidence of the facts recited in said act.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:428. Dishonored checks and drafts prima facie evidence of insufficient funds in bank

RS 15:428 - Dishonored checks and drafts prima facie evidence of insufficient funds in bank
Whenever any check or draft shall have been drawn on any bank, whether such bank be in or out of this state, and payment shall have been refused, such check or draft with its endorsements shall be prima facie evidence, that at the time of the presentation of said check or draft, the drawer did not have the money in said bank with which to pay said check or draft.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:429. Corporate existence presumed unless affidavit of denial filed before trial

RS 15:429 - Corporate existence presumed unless affidavit of denial filed before trial
On trial of any criminal case it shall not be necessary to prove the incorporation of any corporation mentioned in the indictment, unless the defendant, before entering upon such trial, shall have filed his affidavit specifically denying the existence of such corporation.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:430. Proof of truth of recitals in copy of registry of birth, baptism or circumcision

RS 15:430 - Proof of truth of recitals in copy of registry of birth, baptism or circumcision
In all criminal prosecutions for the violation of any law relative to the employment of children or young persons, a copy of the registry of the birth, baptism or circumcision of such child or young person, duly certified to by the person in whose custody such registry may be kept, shall be prima facie evidence of the truth of the facts recited in such certified copy.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:431. Theft by public officer

RS 15:431 - Theft by public officer
The failure, neglect, or refusal on the part of any public officer to pay over, at the time and in the manner required by law and to the authority designated by law to receive such payment, any public money in his hands, shall be prima facie evidence of the theft by such public officer of any public money not so paid over.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:432. Effect of legal presumptions; rebutting evidence; illustrations

RS 15:432 - Effect of legal presumptions; rebutting evidence; illustrations
A legal presumption relieves him in whose favor it exists from the necessity of any proof; but may none the less be destroyed by rebutting evidence; such is the presumption attaching to the regularity of judicial proceedings; that the grand jury was legally constituted; that public officers have done their duty; that a relation or subject-matter once established, continues, but not that it pre-existed; that the defendant intended the natural and probable consequence of his act; that the defendant is innocent; that the defendant is sane and responsible for his actions; that the person in the unexplained possession of property recently stolen is the thief; that evidence under the control of a party and not produced by him was not produced because it would not have aided him; that the witnesses have told the truth.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:436.1. Photographs of objects of theft; affidavit of value and ownership; notice to defendant

RS 15:436.1 - Photographs of objects of theft; affidavit of value and ownership; notice to defendant
A. A photograph of property alleged to be the object of a theft, otherwise admissible, may be admitted as evidence without regard to the availability of the property itself.
B. An affidavit of the value and ownership of property which is alleged to be the object of a theft shall be admissible in evidence under the following circumstances:
(1) The affidavit shall be upon personal knowledge and shall state the basis for such knowledge;
(2) The affidavit shall be paraphed for identification with the photograph taken pursuant to Subsection A, and
(3) The state shall give written notice of its intent to introduce the affidavit, along with a copy of the affidavit and photograph, not less than ten days prior to commencement of the trial.
C. An affidavit admitted pursuant to Subsection B shall be deemed prima facie evidence of the value and ownership of the property alleged to be the object of a theft. Provided, however, that if the defendant files a written objection to the admission of the affidavit within three days prior to the commencement of trial, the affidavit shall not be admissible and shall not be deemed to be prima facie evidence of the value and ownership of the property.
Added by Acts 1978, No. 243, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:436.2. Photographs of animals cruelly treated; affidavit of condition; notice to defendant

RS 15:436.2 - Photographs of animals cruelly treated; affidavit of condition; notice to defendant
A. A photograph of an animal alleged to be cruelly treated, otherwise admissible, may be admitted as evidence without regard to the availability of the animal itself.
B. An affidavit of the condition of the animal which is alleged to be cruelly treated shall be admissible in evidence when all of the following circumstances exist:
(1) The affidavit shall be upon personal knowledge and shall state the basis for such knowledge.
(2) The affidavit shall be paraphed for identification with the photograph taken pursuant to Subsection A.
C. An affidavit admitted pursuant to Subsection B shall be deemed prima facie evidence of the condition of the animal alleged to be cruelly treated.
D. Nothing in this Section shall prohibit the defendant from using photographs as part of his defense, nor shall the defendant be prohibited from using the animal as part of his defense, except if there has been a prior disposition of the animal as provided by R.S. 14:102.2 or 102.6.
Acts 1997, No. 1212, §2.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:440.1. Purpose

RS 15:440.1 - Purpose
It is declared to be in the best interest of the state that protected persons be spared from crimes of violence, and that persons who commit such crimes be prosecuted with a minimum of additional intrusion into the lives of such protected persons.
Acts 1984, No. 563, §1; Acts 2004, No. 241, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:440.2. Authorization

RS 15:440.2 - Authorization
A.(1) A court with original criminal jurisdiction or juvenile jurisdiction may require that a statement of a protected person be recorded on videotape by any of the following:
(a) Motion of the court or motion of the district attorney, a parish welfare unit or agency, the Department of Children and Family Services, or a child advocacy center operating in the judicial district.
(b) Adoption of a local court rule that authorizes the videotaping of any protected person without the necessity of the issuance of an order by the court in any individual case.
(c) Execution of a written protocol between the court and law enforcement agencies, a parish welfare unit or agency, the Department of Children and Family Services, or a child advocacy center operating in the judicial district that authorizes the videotaping of any protected person without the necessity of the issuance of an order by the court in any individual case.
(2) Further, the coroner may, in conjunction with the district attorney and appropriate hospital personnel and pursuant to their duties in R.S. 40:2109.1 and 2113.4, provide for the videotaping of protected persons who are rape victims or who have been otherwise physically or sexually abused.
(3) Such videotape shall be available for introduction as evidence in a juvenile proceeding or adult criminal proceeding.
B. For purposes of this Part, "videotape" means the visual recording on a magnetic tape, film, videotape, compact disc, digital versatile disc, digital video disc, or by other electronic means together with the associated oral record.
C. For purposes of this Part, "protected person" means any person who is a victim of a crime or a witness in a criminal proceeding and who is any of the following:
(1) Under the age of eighteen years.
(2) Has a developmental disability as defined in R.S. 28:451.2(12).
(3) An adult as defined in R.S. 15:1503 who is eligible for protective services pursuant to the Adult Protective Services Act.
Acts 1984, No. 563, §1; Acts 2004, No. 241, §1; Acts 2007, No. 70, §1; Acts 2014, No. 647, §1; Acts 2018, No. 305, §1; Acts 2022, No. 202, §3.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:440.3. Videotape; admissibility; exception to hearsay rule

RS 15:440.3 - Videotape; admissibility; exception to hearsay rule
The videotape authorized by this Subpart is hereby admissible in evidence as an exception to the hearsay rule.
Acts 1984, No. 563, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:440.4. Method of recording videotape; competency

RS 15:440.4 - Method of recording videotape; competency
A. A videotape of a protected person may be offered in evidence either for or against a defendant. To render such a videotape competent evidence, it must be satisfactorily proved:
(1) That such electronic recording was voluntarily made by the protected person.
(2) That no relative of the protected person was present in the room where the recording was made.
(3) That such recording was not made of answers to interrogatories calculated to lead the protected person to make any particular statement.
(4) That the recording is accurate, has not been altered, and reflects what the protected person said.
(5) That the taking of the protected person's statement was supervised by a physician, a social worker, a law enforcement officer, a licensed psychologist, a medical psychologist, a licensed professional counselor, or an authorized representative of the Department of Children and Family Services.
B. The department shall develop and promulgate regulations on or before September 12, 1984, regarding training requirements and certification for department personnel designated in Paragraph (A)(5) of this Section who supervise the taking of the protected person's statement.
Acts 1984, No. 563, §1; Acts 1986, No. 626, §1; Acts 1999, No. 1309, §3, eff. Jan. 1, 2000; Acts 2001, No. 486, §1, eff. June 21, 2001; Acts 2004, No. 241, §1; Acts 2009, No. 251, §13, eff. Jan. 1, 2010.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:440.6. Confidentiality

RS 15:440.6 - Confidentiality
Videotapes which are a part of the court record shall be preserved under a protective order of the court in order to protect the privacy of the protected person. The court shall order the destruction of the videotapes after five years have elapsed from the date of entry of judgment. However, if an appeal is filed, the videotapes shall not be destroyed until a final judgment on appeal has been rendered.
Acts 1984, No. 563, §1; Acts 2004, No. 241, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:441.1. DNA, blood, and saliva testing; relevance

RS 15:441.1 - DNA, blood, and saliva testing; relevance
Evidence of deoxyribonucleic acid profiles, genetic markers of the blood, and secretor status of the saliva offered to establish the identity of the offender of any crime is relevant as proof in conformity with the Louisiana Code of Evidence.
Acts 1989, No. 340, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:444. Proof of intent unnecessary in statutory crimes; inadmissible evidence

RS 15:444 - Proof of intent unnecessary in statutory crimes; inadmissible evidence
If a statute has made it a crime to do a particular act, no further proof of intent is required than that accused voluntarily did the act; and any evidence that he did not know such act to be forbidden by law is inadmissible.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:450. Use of confession, admission or declaration in entirety

RS 15:450 - Use of confession, admission or declaration in entirety
Every confession, admission or declaration sought to be used against any one must be used in its entirety, so that the person to be affected thereby may have the benefit of any exculpation or explanation that the whole statement may afford.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:451. Condition precedent to use of confession; free and voluntary rule

RS 15:451 - Condition precedent to use of confession; free and voluntary rule
Before what purports to be a confession can be introduced in evidence, it must be affirmatively shown that it was free and voluntary, and not made under the influence of fear, duress, intimidation, menaces, threats, inducements or promises.
Acts 2010, No. 433, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:454. Inapplicability of free and voluntary rule to admissions not involving criminal intent

RS 15:454 - Inapplicability of free and voluntary rule to admissions not involving criminal intent
The rule that a confession produced by threat or promise is inadmissible in evidence does not apply to admissions not involving the existence of a criminal intent.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:455. Effect of declarations and acts of coconspirators

RS 15:455 - Effect of declarations and acts of coconspirators
Each coconspirator is deemed to assent to or to commend whatever is said or done in furtherance of the common enterprise, and it is therefore of no moment that such act was done or such declaration was made out of the presence of the conspirator sought to be bound thereby, or whether the conspirator doing such act or making such declaration be or be not on trial with his codefendant. Such evidence is controlled by the provisions of the Louisiana Code of Evidence.
Amended by Acts 1988, No. 515, §5, eff. Jan. 1, 1989.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:459. Use of records or documents of trial court as evidence

RS 15:459 - Use of records or documents of trial court as evidence
Whenever, during the trial of any criminal case, either party may desire to offer in evidence any record, paper or document belonging to the files or records of the court in which the trial is proceeding, the presiding judge shall, at the request of such party, direct the clerk to produce such record, document or paper, in order that the same may be used in evidence; and it shall not be necessary for the clerk in any such case to make a copy of such record, document or paper.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:468. Duty to testify as to bribery or corruptly influencing voters; immunity

RS 15:468 - Duty to testify as to bribery or corruptly influencing voters; immunity
Any person may be compelled to testify in any lawful proceeding against another charged with commercial bribery, public bribery, bribery of voters or corrupt influencing, and shall not be permitted to withhold his testimony upon the ground that it may incriminate him or expose him to public infamy; but such testimony shall not afterwards be used against him in any judicial proceeding, except for perjury in giving such testimony.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:469.1. Receipt of testimony from victims of certain crimes who are fifteen years of age or younger; closed session of court or in chambers; procedure

RS 15:469.1 - Receipt of testimony from victims of certain crimes who are fifteen years of age or younger; closed session of court or in chambers; procedure
In cases of simple or third degree rape, attempted simple or third degree rape, aggravated or first degree rape, attempted aggravated or first degree rape, forcible or second degree rape, attempted forcible or second degree rape, or carnal knowledge of a juvenile in which the victim is a child of fifteen years of age or younger, the court, upon its own motion or that of the defendant or state, may order that the testimony of such victim be heard either in closed session of court or in the judge's chambers, in the presence of the judge or jury, the defendant, counsel for the defendant, the family of the defendant, the parents or parent of the victim, the attorney for the state, a reasonable but limited number of members of the public which the court may allow in its discretion under these circumstances, and any other party which the court determines has a valid interest in the proceedings.
Added by Acts 1980, No. 466, §1; Acts 2015, No. 184, §2.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:471. Grand jurors and district attorneys incompetent to testify as to grand jury proceedings; perjury cases

RS 15:471 - Grand jurors and district attorneys incompetent to testify as to grand jury proceedings; perjury cases
No grand juror or district attorney is competent to testify as to anything that took place before the grand jury during its sessions, or to testify upon what evidence any indictment was found, or that it was found upon insufficient evidence, or without evidence; but the grand jurors and the district attorney are competent witnesses both for the state and for the defense in any prosecution for perjury or false swearing, alleged to have been committed before the grand jury, and as authorized by Louisiana Code of Evidence Article 606.
Amended by Acts 1988, No. 515, §5, eff. Jan. 1, 1989.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:477.1. Privileged communications to "crime stoppers" organizations

RS 15:477.1 - Privileged communications to "crime stoppers" organizations
A. As used in this Section, the following terms shall have the following meanings unless the context clearly requires otherwise:
(1) "Crime stoppers organization" means a private, nonprofit organization that accepts and expends donations for rewards to persons who report to the organization information concerning criminal activity and that forwards the information to the appropriate law enforcement agency.
(2) "Privileged communication" means a statement by any person, in any manner whatsoever, to a crime stoppers organization for the purpose of reporting alleged criminal activity.
B. No person shall be required to disclose, by way of testimony or otherwise, a privileged communication between a person who submits a report of alleged criminal activity to a crime stoppers organization and the person who accepts the report on behalf of a crime stoppers organization or to produce, under subpoena, any records, documentary evidence, opinions, or decisions relating to such privileged communication:
(1) In connection with any criminal case or proceeding.
(2) By way of any discovery procedure.
C. Any person arrested or charged with a criminal offense may petition the court for an in camera inspection of the records of a privileged communication concerning such person made to a crime stoppers organization. The petition shall allege facts showing that such records would provide evidence favorable to the defendant and relevant to the issue of guilt or punishment. If the court determines that the person is entitled to all or any part of such records, it may order production and disclosure as it deems appropriate.
Acts 1985, No. 790, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:477.2. Privileged communications; public records exception for state governmental agencies; citizens hotline for alleged fraud, abuse, or wrongdoing

RS 15:477.2 - Privileged communications; public records exception for state governmental agencies; citizens hotline for alleged fraud, abuse, or wrongdoing
A. As used in this Section, the following terms shall have the following meanings unless the context clearly requires otherwise:
(1) "Hotline" or "call center" means a method or system created or established to accept any form of communication, whether telephonic, electronic, oral, or written, which is sent to the Department of Justice or to the Louisiana Department of Health, for the purposes of providing the citizens of Louisiana a means to report or provide information relating to alleged fraud, abuse, or wrongdoing.
(2) "Privileged communication" means a statement, oral or written, initiated by a person and submitted to an agency listed in Paragraph (1) of this Subsection for the purposes of reporting any allegation of wrongdoing, public fraud, abuse, or Medicare or Medicaid complaints, involving any person or legal entity or any governmental agency, public employee, or appointed or elected official.
B. No agency which is listed in Paragraph (A)(1) of this Section or official thereof shall be required to disclose, by way of testimony or public records request, any written or oral complaint, whether telephonic or electronic, provided to a hotline or call center of the agencies listed in Paragraph (A)(1) of this Section for the purposes of reporting or providing information regarding alleged fraud, abuse, or wrongdoing. The reported information and the identity of the persons reporting the information shall be considered privileged communications and shall be exempt from the provisions of law relative to public records as provided in R.S. 44:4.1(B)(7).
C. The privilege shall cease only:
(1) When the person is compelled to testify on behalf of the state on the matter; or
(2) Upon motion of any person arrested for or charged with a criminal offense who petitions the court for an in camera inspection of the records of a privileged communication described in Subsection B of this Section alleging facts showing that such records would provide evidence favorable to the defendant and relevant to the issue of guilt or punishment and the court determines that the person is entitled to all or any part of such records based upon a finding that it contains exculpatory evidence.
Acts 2005, No. 250, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:499. Certificates of analysis

RS 15:499 - Certificates of analysis
A. All criminalistics laboratories established by laws of this state or by laws of the United States, and all coroners, forensic pathologists, and other persons, partnerships, corporations, and other legal entities practicing in fields of knowledge and expertise in the gathering, examination, and analysis of evidence by scientific means are authorized to make proof of examination and analysis of physical evidence by the certificate of the person making the examination or analysis. Such certificate shall list:
(1) The date and time such evidence was delivered to such facility.
(2) The name of the person making such delivery, and the person receiving same.
(3) A brief description of the evidence.
(4) The type of examination or analysis requested.
(5) The name of the person making the examination or analysis.
(6) The date or dates of the examination or analysis.
(7) The results of the examination or analysis.
B. The certificate shall give the name and address of the facility in which the examination or analysis was made, and shall be signed by the person making the examination or analysis.
C. Criminalistics laboratories are authorized to utilize electronic signatures in order to comply with the provisions of Subsection B of this Section once final review of the certificate of analysis is completed. For purposes of this Section, "electronic signature" shall mean an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
D. All organizations, entities, or persons issuing certificates as set forth in this Section shall retain and provide upon written request all of the following:
(1) A description of each analyst's educational background, training, and experience.
(2) A listing of all accreditations held by the laboratory or individual.
Added by Acts 1976, No. 439, §1; Acts 1986, No. 675, §1; Acts 2004, No. 382, §1; Acts 2010, No. 693, §1; Acts 2012, No. 69, §1.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:500. Admissibility

RS 15:500 - Admissibility
In all criminal cases; and in all cases in juvenile court; or in all family courts which are of a criminal nature, and in civil forfeiture proceedings arising from criminal activity, the courts of this state shall receive as evidence any certificate made in accordance with R.S. 15:499 subject to the conditions contained in this Section and R.S. 15:501. The certificate shall be received in evidence as prima facie proof of the facts shown thereon, and as prima facie proof of proper custody of the physical evidence listed thereon from time of delivery of the evidence to the facility until its removal therefrom.
Added by Acts 1976, No. 439, §1. Amended by Acts 1981, No. 142, §1; Acts 1986, No. 675, §1; Acts 2020, No. 39, §1, eff. June 4, 2020.
2023 Louisiana Laws › Revised Statutes › Title 15 - Criminal Procedure › §15:501. Notice of opposing party and opportunity to cross-examine expert; certification of subpoena request

RS 15:501 - Notice of opposing party and opportunity to cross-examine expert; certification of subpoena request
A. Except as provided in Subsection F of this Section, the party seeking to introduce a certificate made in accordance with R.S. 15:499 shall, not less than forty-five days prior to the commencement of the trial, give written notice of intent to offer proof by certificate. Such notice shall include a copy of the certificate.
B. The attorney for the defendant, or the defendant acting in his own defense, if not represented by counsel, may demand that the person making the examination or analysis testify by filing a written demand and serving it upon the department attorney, district attorney, or attorney general seeking to introduce the certificate. If such a demand is made timely as set forth below, the certificate shall not constitute prima facie proof of the facts thereon as set forth in R.S. 15:500.
C. Demand for the testimony of the person making the examination or analysis shall be filed and served by counsel for the defendant, or by a defendant acting as his own counsel, except as provided in Subsection F of this Section, within thirty days of the receipt of the notice provided for in Subsection A of this Section. The trial court may extend the period for good cause shown if such request is made prior to the expiration of the period.
D. If no request for additional time is made prior to the expiration of the period, an extension of time in which to make such a demand may be made only upon a showing of exceptional circumstances. Any allegation that such circumstances exist shall constitute a preliminary plea on the defendant's behalf for the purposes of Code of Criminal Procedure Article 580. The demand shall be made in writing and notice shall be served on the department attorney, district attorney, or the attorney general prosecuting the matter. The court shall conduct a contradictory hearing to determine if the extension is warranted.
E. The filing of a demand by the defendant does not prevent the admission of the certificate or its contents in any other manner otherwise appropriate pursuant to the Code of Evidence or its ancillaries.
F. A party in a case in juvenile court which is of a noncriminal nature seeking to introduce a certificate made in accordance with R.S. 15:499 shall, not less than five days prior to the commencement of the trial, give written notice of intent to offer proof of certificate. Such notice shall include a copy of the certificate. Demands for testimony made pursuant to Subsection B of this Section shall be made within three days of receipt of the notice.
Added by Acts 1976, No. 439, §1; Acts 1986, No. 675, §1; Acts 1990, No. 850, §1; Acts 2010, No. 693, §1; Acts 2020, No. 39, §1, eff. June 4, 2020.