New Laws - Code of Criminal Procedure Changes

So this week we might be getting a bit into the weeds, but it is always useful to know about procedural changes in criminal courts, and not just the substantive changes to the offenses, themselves.

Over the last few years, the Louisiana Legislature has made some changes to the posting of booking photographs on the internet. This year, they amended the statute again, adding two exceptions to the prohibition if:

(f) The individual is released on a bail undertaking and the law enforcement officer or agency is equated to release or disseminate the booking photograph to the individual’s surety agent.

(g) A law enforcement officer or agency determines that releasing or disseminating the booking photograph is necessary for investigative purposes.

Louisiana Code of Criminal Procedure Article 234(C)(1).

The Louisiana Legislature also enacted Louisiana Code of Criminal Procedure Article 388 to require additional information be provided in the charging document, including:

(1) Date of the offense.

(2) Date of arrest or summons, if a summons was issued in lieu of an arrest.

(3) The state identification number of the defendant, if one has been assigned to the defendant for the offense or for any prior offenses.

(4) Defendant demographic data to include sex, race, and date of birth, if known.

La. C.Cr.P. Art. 388(A). This information is required to be provided to various agencies including the Louisiana Supreme Court and the Louisiana Bureau of Criminal Identification and Information. Failure to provide this information; however, does not provide grounds for a motion to quash. La. C.Cr.P. Art. 388(B)-(D).

The Legislature also passed some new rules regarding the behavior of jurors in Code of Criminal Procedure Article 791 requiring that they be sequestered “during active deliberations” and requiring the Court to charge the jury about the rules of deliberation when breaking from sequestration overnight.

Finally, the Legislature amended Louisiana Code of Evidence Article 404(B) relative to character evidence in criminal prosecutions to establish that the following is not admissible character evidence, except as provided in Article 412, or as otherwise provided in 404(B):

(b)(i) For purposes of this Subparagraph, “creative or artistic expression” means the expression or application of creativity or imagination in the production or arrangement of forms, sounds, words, movements, or symbols, including music, dance, performance art, visual art, poetry, literature, film, and other such objects or media.

(ii) Except as provided in Article 412 or has otherwise provided by law, creative or artistic expression is not admissible in a criminal case to prove the character of a person in order to show that he acted in conformity therewith, provided that the accused provides reasonable notice to the prosecution in advance of trial asserting that the evidence is creative or artistic expression. Evidence of creative or artistic expression may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident, provided that upon request by the accused, the prosecution in a criminal case shall provide reasonable notice in advance of trial, of the nature of any such evidence it intends to introduce at trial for such purposes, or when it relates to conduct that constitutes an integral pat of the act or transaction that is the subject of the present proceeding.

La C.E. Art. 404(B).

If you or someone you know is facing criminal prosecution and you would like to set up a consult, please give us a call at (318) 459-9111.