Louisiana Revised Statutes 15:440.2 – Authorization
Terms Used In Louisiana Revised Statutes 15:440.2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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 La. Rev. Stat. 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 La. Rev. Stat. 28:451.2(12).
(3) An adult as defined in La. Rev. Stat. 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.