The Louisiana House Bill regarding Act 250 was signed into legislation by Governor Bobby Jindal this summer and will become effective on January 1, 2014. The purpose is to minimize wrongful convictions and drawn-out legal appeals. Good news if you find yourself on the defendant’s side of a criminal act.
What is Act 250?
Act 250 has updated Code of Criminal Procedure Articles in Louisiana with reference to what we call Discovery Law. This refers to items collected in criminal cases like statements, confessions, evidence and disclosures by both the defendant and the prosecutors.
Act 250 requires all witness statements — not just those that may help a defendant — to be turned over to a defendant before trial and basically forces prosecutors who want to protect their witness’s identity to prove why protecting a witness’ identity is necessary during a hearing with the judge overseeing the case. If prosecutors cannot prove the necessity, then the defendant shall receive broader information about the people who will testify against them.
What Did the Old Discovery Law Entail?
Through December 31, 2013, the current law allows any of the following types of evidence:
- Any relevant written or recorded confession or statement of any nature of the defendant
- Any results or reports of a physical or mental exam made in connection with the case
- Any results or reports of scientific tests or experiments made in connection with the case, including exculpatory evidence not intended for use during trial
- Any written or recorded confessions made by a co-defendant
- Any oral confessions or statement made by the defendant
- Any oral statement made by the defendant in response to interrogation by a law enforcement officer
- Evidence of the commission of any other crime admissible
- Any statements of co-conspirators
- The record of arrests and convictions of the defendant, co-defendant, and witness to be called by the state
- Any inducement offered to secure the testimony of any witness
- Books, papers, documents, photographs, tangible objects, buildings, places, or copies that are favorable to the defendant
- Internal reports, memoranda, or other documents made by either party or by the agents of either party in connection to the investigation, prosecution or defense
What Discovery Law Changes Will Take Place January 1, 2014?
Although it is impossible to predict the future, and since the law is not effective until the beginning of 2014, it is still important that you understand what the changes Act 250 will provide to this Discovery Law, so you know what your rights are.
In the new law, prosecutors must turn over all police reports (not just preliminary ones) before trial, in addition to statements made by any co-defendants or witnesses prosecutors plan to put on the stand – not just those of the defendant.
Remember, it is my job as your criminal defense lawyer to make sure to defend your rights as a United States and Louisiana state citizen. Here is a short summary of what to expect:
- Any motions for discovery (evidence, statements, etc) made by the defendant must be in writing and filed within a time period for filing pretrial motions
- Any motion for discovery made by the defendant that is relative to oral statements made by the defendant will also be applied to such statements by any co-defendant
- The district attorney can delete or excise information identifying a witness, otherwise required to be disclosed, if the district attorney believes that the witness’s safety may be compromised by such disclosure.
- The district attorney, when ordered by the court to do so, is only required to disclose to the defendant the record of arrests and convictions of the defendant (co-defendant, or witness) and removes the requirements that the state provide these records to the defense.
- There is no more requirement that documents and tangible objects be favorable to the defendant. In order for the district attorney be ordered to permit or authorize the defendant to inspect, copy, photograph or otherwise reproduce such items.
- The state is now allowed to permit or authorize inspection or reproduction of confessions and statements of co-defendants without the statements being inculpatory (placing blame), written or recorded to be used at trial
- The following types of items are no longer discoverable or subject to inspection: internal documents, notes, or other items with contain the mental impressions of the attorney or investigator working for the attorney
There is evidence that Orleans Parish District Attorney, Leon Cannizaro, is unhappy with this new law. You can read more about it in the Advocate New Orleans edition article here. If you have any questions regarding you criminal law case and whether the new laws will help or hurt you case, please feel free to reach out to me. I am available through e-mail and also via phone at (504) 264-9492 or toll-free at (866) 459-4478.
