2006 Louisiana Laws - RS 15:440.2 — Authorization

§440.2.  Authorization

A.(1)  A court with original criminal jurisdiction or juvenile jurisdiction may, on its own motion or on motion of the district attorney, a parish welfare unit or agency, or the Department of Social Services, require that a statement of a protected person who may have been a witness to or victim of a crime be recorded on videotape.

(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 40:2113.4, 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:  (1) is fourteen years of age or younger; or (2) has a developmental disability as defined in R.S. 28:381(12) or mental retardation as defined in R.S. 28:381(28).

Acts 1984, No. 563, §1; Acts 2004, No. 241, §1.