2006 Louisiana Laws - RS 15:440.5 — Admissibility of videotaped statements; discovery by defendant

§440.5.  Admissibility of videotaped statements; discovery by defendant

A.  The videotape of an oral statement of the protected person made before the proceeding begins may be admissible into evidence if:

(1)  No attorney for either party was present when the statement was made;

(2)  The recording is both visual and oral and is recorded on film or videotape or by other electronic means;

(3)  The recording is accurate, has not been altered, and reflects what the witness or victim said;

(4)  The statement was not made in response to questioning calculated to lead the protected person to make a particular statement;

(5)  Every voice on the recording is identified;

(6)  The person conducting or supervising the interview of the protected person in the recording is present at the proceeding and available to testify or be cross-examined by either party;

(7)  The defendant or the attorney for the defendant is afforded an opportunity to view the recording before it is offered into evidence; and

(8)  The protected person is available to testify.

B.  The admission into evidence of the videotape of a protected person as authorized herein shall not preclude the prosecution from calling the protected person  as a witness or from taking the protected person's testimony outside of the courtroom as authorized in R.S. 15:283.  Nothing in this Section shall be construed to prohibit the defendant's right of confrontation.

C.  In a criminal prosecution, when the state intends to offer as evidence a copy of a videotaped oral statement of a protected person made pursuant to the provisions of this Subpart, the defendant may be provided a copy of the videotape if the court determines it necessary to prepare a proper defense.  If the court orders the defendant be provided a copy of the videotaped statement, only the attorney and the defendant shall be permitted to view the tape and no copies shall be made by any person.  The copy shall be returned to the court immediately upon conclusion of the case.  Any violation of this Subsection shall be punished as contempt of court.

Acts 1984, No. 563, §1; Acts 1990, No. 654, §1; Acts 2004, No. 241, §1.