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Terms Used In Louisiana Revised Statutes 15:477.1

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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.
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

A.  As used in this Section, the following terms shall have the following meanings unless the context clearly requires otherwise:

(1)  “Crime stoppers organization” means a private, nonprofit organization that accepts and expends donations for rewards to persons who report to the organization information concerning criminal activity and that forwards the information to the appropriate law enforcement agency.  

(2)  “Privileged communication” means a statement by any person, in any manner whatsoever, to a crime stoppers organization for the purpose of reporting alleged criminal activity.  

B.  No person shall be required to disclose, by way of testimony or otherwise, a privileged communication between a person who submits a report of alleged criminal activity to a crime stoppers organization and the person who accepts the report on behalf of a crime stoppers organization or to produce, under subpoena, any records, documentary evidence, opinions, or decisions relating to such privileged communication:

(1)  In connection with any criminal case or proceeding.  

(2)  By way of any discovery procedure.  

C.  Any person arrested or charged with a criminal offense may petition the court for an in camera inspection of the records of a privileged communication concerning such person made to a crime stoppers organization.  The petition shall allege facts showing that such records would provide evidence favorable to the defendant and relevant to the issue of guilt or punishment.  If the court determines that the person is entitled to all or any part of such records, it may order production and disclosure as it deems appropriate.  

Acts 1985, No. 790, §1.