Louisiana Senate Bill SB384

Louisiana 2020 Regular Session

• Introduced: 2/28/20
• Refer: 2/28/20
• Refer: 3/9/20
• Report Pass: 5/7/20
• Engrossed: 5/13/20
• Report Pass: 5/20/20
• Enrolled: 5/31/20
• Enrolled: 6/1/20
• Chaptered: 6/12/20
• Passed: 6/12/20

Caption

Provides relative to the crime of unlawful posting of criminal activity for notoriety and publicity. (8/1/20)

Impact

The implementation of SB 384 will have a significant impact on state laws regarding the treatment of criminal evidence and the responsibilities of law enforcement agencies. By delineating clear boundaries for the handling of evidence related to notoriety, this legislation aims to mitigate concerns over crimes being sensationalized for publicity, particularly in relation to minors. Additionally, the changes reinforce the authority of prosecutors and law enforcement in maintaining custody of sensitive evidence that may be misused if placed in the hands of defendants. The bill further reinforces judicial discretion in determining contraband status for records of criminal acts.

Summary

Senate Bill 384 addresses the issue of unlawful posting of criminal activity for notoriety and publicity in Louisiana. The bill amends existing laws to tighten regulations concerning the handling and disposition of materials considered as evidence in cases involving obscenity, video voyeurism, and juvenile pornography. It emphasizes that such materials must remain under the control of law enforcement or the prosecuting body, with specific prohibitions against the defendant reproducing these evidentiary materials, unless they are made reasonably accessible by the district attorney. The intent is to prevent the exploitation of crime for publicity purposes.

Sentiment

Overall, the sentiment surrounding SB 384 appears to be supportive among lawmakers, particularly those concerned with protecting victims and preserving the integrity of criminal proceedings. Legislative discussions have emphasized the need for such regulations to ensure that criminal activities are not trivialized or exploited in the public eye. While there are likely some criticisms regarding the extent of control exercised over evidence, the prevailing view appears to recognize the necessity of preventing further victimization or exploitation through unlawful public exposure.

Contention

Despite general support, some points of contention might arise around the balanced protection of rights for defendants against perceived overreach in evidence handling. Critics could argue that the bill potentially limits defendants' access to evidence that could be vital to their defense, especially if they are not provided reasonable access to materials deemed critical. As the legal landscape evolves with new interpretations and cases, the implications of this bill on the judicial process will continue to be monitored and debated.