2006 Louisiana Laws - RS 15:262 — Protection of witnesses; declarations; definitions; confidentiality

§262.  Protection of witnesses; declarations; definitions; confidentiality

A.  The legislature finds and declares that full and voluntary cooperation with state and local law enforcement agencies by victims of and witnesses to crimes is imperative for the general effectiveness of the criminal justice system.

B.  As used in this Section, the following terms have the following meanings:

(1)  "Witness" means either of the following:

(a)  Any person who is a victim of conduct defined as a crime under any law of this state, another state, or the United States.

(b)  Any person who has testified or is expected to testify for the prosecution in a criminal or civil proceeding, or who, by reason of having relevant information, is subject to call or likely to be called as a witness for the prosecution in a criminal or civil proceeding, whether or not any action or proceeding has yet been commenced.

(2)  "Immediate family of a witness" means a spouse, parent, child, stepchild, sibling, or legal representative of the victim, except when such person is in custody for an offense or is the defendant.

C.  The attorney general, a designated representative of the New Orleans Police Department, a designated representative of the office of state police within the Department of Public Safety and Corrections, or any district attorney or sheriff may provide for the security of a witness, potential witness, or any member of the immediate family of a witness in any criminal or civil proceeding or investigation, if testimony by such witness may subject the witness or any immediate family member of such witness to danger or bodily injury. Such security may include but is not limited to providing for housing, financial assistance, and security.  The expenses of providing such security, housing, or financial assistance shall be borne by the agency or agencies authorizing it unless the parish or municipal governing authority has voluntarily appropriated funds for such matters.

D.(1)  Any information relating to any witness participating in any program established pursuant to the provisions of this Section shall remain confidential and shall not be subject to disclosure pursuant to the Louisiana Laws of Criminal Procedure, the Public Records Act as provided under R.S. 44:1 et seq., or any other provision of state law.

(2)  Information related to the appropriation, allocation, or expenditure of monies on the program that does not include any information relating to any witness shall be public and not subject to Paragraph (1) of this Subsection.

E.  The state, any political subdivision of the state, or any officer or employee of the state or political subdivision shall not be subject to any civil liability as a result of any decision to provide or not to provide protection under this Section and shall be entitled to absolute immunity for any action or inaction in providing or failing to provide witness protection.

Acts 2003, No. 556, §1.