RS 15:440.2

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RS 15:440.2

§440.2. Authorization

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 R.S. 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 R.S. 28:451.2(12).

(3)An adult as defined in R.S. 15:1503 who is eligible for protective services pursuant to the Adult Protective Services Act.

D. For the purposes of this Part, "civilian investigator" shall mean any person who performs investigative work as a noncertified employee of a law enforcement agency and who has completed training required by that law enforcement agency. Required training shall include but not be limited to basic investigative training and specific training on investigation of crimes involving a protected person.

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; Acts 2024, No. 548, §1.