CHAPTER 8. SPECIAL AUTHORITY OF COURTS; PROTECTED PERSONS; VIDEOTAPING; CLOSED CIRCUIT TELEVISION Art. 322. Purpose The purpose of this Chapter is to provide further protection for protected persons who are witnesses to or victims of a crime and to permit the trial concerning such crime to proceed with a minimum of additional intrusion into the […]
Art. 323. Definitions (1) “Department” means the Department of Children and Family Services. (2) “Protected person” means any person who is a victim of a crime or a witness in a juvenile proceeding and who either: (a) Is under the age of eighteen years. (b) Has a developmental disability as defined in R.S. 28:451.2(12). (3) […]
Art. 324. Authorization A. A court exercising juvenile jurisdiction may require that a statement of a protected person be recorded on videotape in conformity with Article 326 by any of the following: (1) Motion of the court or motion of the district attorney, a parish welfare unit or agency, the Department of Children and Family […]
Art. 325. Exception to hearsay rule The videotape authorized by this Chapter is hereby admissible in evidence as an exception to the hearsay rule. Acts 1991, No. 235, §3, eff. Jan. 1, 1992.
Art. 326. Competent evidence; procedures for making videotape A. A videotape of the statements of a protected person who is alleged to be the victim of or witness to a crime may be offered in evidence for or against such crime. To render such a videotape competent evidence, all of the following must be satisfactorily […]
Art. 327. Admissibility A. A prehearing videotape which meets all the requirements of Article 326 may be admissible into evidence if all of the following occur: (1) The parties to the proceeding are afforded an opportunity to view the recording before it is offered into evidence. (2) The person conducting or supervising the interview of […]
Art. 328. Confidentiality Videotapes which are a part of the court record shall be preserved under a protective order of the court in order to protect the privacy of the protected person. The court shall order the destruction of the videotapes after five years have elapsed from the date of entry of judgment. However, if […]
Art. 329. Closed circuit television; testimony taken outside courtroom A. On its own motion or on the motion of the attorney for any party, a court may order that the testimony of a protected person who may have been physically or sexually abused be taken in a room other than the courtroom and be simultaneously […]
