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Louisiana Revised Statutes Tit. 15, § 574.12.1. Testimony provided in executive session before the Board of Pardons and committee on parole; confidentiality

Current as of January 01, 2023 | Updated by Findlaw Staff

A. (1) Any testimony presented at a meeting or hearing of the Board of Pardons and committee on parole that has been conducted in executive session is confidential and is not subject to the Public Records Law.

(2) Disclosure of any testimony presented in executive session may be made only by order of the Nineteenth Judicial District Court pursuant to this Section.

B. The court may authorize the release of a copy of the testimony presented in executive session if all of the following conditions are met:

(1) A request to obtain a copy of the testimony has been submitted to the court.

(2) An in-camera inspection has occurred and the court has determined that the testimony is relevant and necessary to the purposes set forth by the requestor.

(3) The requestor has satisfied his burden by clear and convincing evidence regarding why he is entitled to obtain a copy of the testimony.

C. (1) If the requirements of Subsection B of this Section have been met, the court may order in writing that a copy of the testimony be disclosed to the requestor or his legal representative subject to a five-day protective order pursuant to Paragraph (2) of this Subsection.

(2) The protective order shall include all of the following information:

(a) The name of the requestor and his legal representative, if applicable, who are the only individuals permitted to view or be in possession of the testimony.

(b) The testimony is in the exclusive custody of the court and that the testimony shall not be copied, photographed, duplicated, or otherwise reproduced except as a written transcript that protects the identity of the victim by the use of initials.

(c) If the requestor is not represented by an attorney, the requestor shall not be given a copy of the testimony but shall be given reasonable access to view the testimony by the custodian of the testimony.

(d) Attorneys and custodians of the testimony shall file their copy of the testimony with the clerk of court of the Nineteenth Judicial District under the seal of the court upon expiration of the protective order.

(e) The unlawful possession, sale, duplication, distribution, transfer, copying, or posting of any testimony presented by a victim, or the spouse or next of kin of a deceased victim, during an executive session of the Board of Pardons and committee on parole is punishable pursuant to R.S. 14:81.5.1.

D. Any violation of this Section shall be punishable as contempt of court.

E. The conditions of Subsection B of this Section shall not apply to the following persons who request a copy of the testimony:

(1) The defendant.

(2) The lawyer or legal representative of the defendant.

(3) The victim, or spouse or next of kin of a deceased victim.

(4) The legal guardian of the victim.

F. Nothing in this Section shall prevent the Department of Public Safety and Corrections or law enforcement from sharing information as authorized or required by state or federal law.

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Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 15, § 574.12.1. Testimony provided in executive session before the Board of Pardons and committee on parole; confidentiality - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-15-sect-574-12-1/

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