Louisiana Revised Statutes 15:260 – Production of certain records of a victim; conditions
Terms Used In Louisiana Revised Statutes 15:260
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Subpoena: A command to a witness to appear and give testimony.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
A. If the defendant is charged with a violation of La. Rev. Stat. 14:93 or 93.2.3 or sex offense or human trafficking-related offense as defined in or enumerated in La. Rev. Stat. 46:1844(W), a subpoena or court order compelling the production of medical, psychological, school, or other records pertaining to the victim shall not be issued upon request of the defendant unless the subpoena or court order identifies the records sought with particularity and is reasonably limited as to subject matter, and the court finds, after a contradictory hearing with the state, that the requested records are likely to be relevant and admissible at trial and are not sought for the purpose of harassing the victim.
B. Any records obtained by the defendant or his attorney without full compliance with the provisions of this Section shall be inadmissable in any criminal proceeding.
C. The district attorney shall provide written notice to the victim, or counsel for the victim if applicable, of the contradictory hearing required by the provisions of this Section.
D. Willful violation of the provisions of this Section may be punishable as contempt of court.
Acts 1995, No. 755, §1; Acts 2017, No. 337, §2.